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C O II N C I L R E S O L U T I O N
Date: Jan. 27, 1993
RESOLUTION ORDERING VARIANCES FOR A GARAGE
AT 1433 WEST IDAHO IN AN R - 1 ZONE
No . R-93-10
CITY OF FALCON HEIGHTS
On January 27, 1993 the Falcon Heights city council granted the
following variances requested for property owners, Gunta and Tom
Brace, for a garage at 1433 West Idaho:
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1.
2.
3.
Rear yard lot coverage. Chapter 9, Section 2.04 Subdivision
(b)
Side yard and rear yard setback. Chapter 9, Section 2,04
Subdivision 1(c L.
A variance of four feet and three inches in the required five
foot rear yard setback and a variance of four feet in the
required side yard setback (from the eave of the garage to the
lot lines).
A variance from 600 square feet (40~ of the allowed area of the
required rear yard lot coverage) to 988 square feet (65$ of the
area of the required rear yard.)
Maximum number of off-street parking spaces for a dwelling unit.
Chapter 9, Section 4.01 Subdivision 5(e)
A variance in the number of minimum of four off-street parking
spaces to a minimum of at least five off-street parking places.
The city council adopted the following findings for granting the variances
for the aarage at 1433 West Idaho•
1. On October 23, 1992, the city building official issued a
building permit for the construction of a 988 square foot
garage at 1433 West Idaho.
2. In good faith reliance on the building permit, the owners of
the property (Tom and Gunta Brace) contracted for and
commenced construction of the 988 square foot garage. The
foundation was poured and all structural work was nearly
complete or complete by November 17, 1992.
• 3. On November 16, 1992, the city received an inquiry from a
neighbor asking if the garage conformed to zoning requirements.
Upon review by the city administrator, it was discovered that
the garage violated the city's zoning ordinances regarding
required setbacks, lot coverage and maximum number of parking
spaces, and that the building permit had been mistakenly issued
by the city's building official.
4. On November 17, 1992, the city issued a stop work order on the
garage.
5. Under the unique facts of this case involving the mistaken
issuance of a building permit, the good faith reliance thereon
by the property owner, and substantial completion of the garage
prior to discovery of the mistake, the Braces' property,
including the garage, cannot be put to a reasonable use without
the granting of variances. Under these circumstances, use of the
rear yard for a four-car garage is reasonable.
6. The mistaken issuance of the building permit is a circumstance
which is unique to the property and not created by the property
owner.
7. The 988 square foot garage is larger than other garages in the
neighborhood; however, the regulations prohibit the use of the
• garage for commercial purposes and the garage in no way alters
the essential residential character of the locality.
8. Granting of the variance will not be detrimental to the public
welfare and is in accordance with other variances for oversized
garages which have been granted inthe area. Offsite visual
impacts from the garage are minimal.
9. There is substantial and conflicting evidence in the record
regarding whether the variance will substantially diminish
or impair property values or improvements in the area. The
city has reviewed this evidence carefully and finds that the
granting of the variance will not substantially diminish or
impair property values or improvements in the area.
10. The property owners have demolished an existing two-car garage
and expended considerable funds and resources to construct a
four-car garage in reliance upon a mistakenly-issued building
permit. Under these circumstances, the granting of a variance
is necessary for the preservation and enjoyment of substantial
property rights.
11. The garage complies with zoning height requirements and does
not impair an adequate supply of light and air to adjacent
property.
12. The variance will not impair the orderly use of the public
streets.
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13. The variance will not increase the danger of fire or endanger
the public safety.
14. If the variance were not granted, a particular hardship would
result to the property owners because of the owners justifiable
reliance on the mistakenly-issued building permit.
15. The variance will result in no financial gain to the property
owner, but will serve only to minimize a financial loss.
16. Denial of the variance would result in substantial hardship
to the property owner, both in terms of potential financial
losses and in terms of loss of enclosed parking, particularly
during the 1993 winter season.
The city council attached the following condition to the variances for the
Garage at 1433 West Idaho•
1. The 988 square foot garage may not be rebuilt in its
present configuration in the event that:
It is damaged or destroyed by any means to the extent
• of 50% of the replacement cost of the structure, as
determined by the zoning administrator. In this event it must
be rebuilt to conform to all applicable zoning require-
ments.
Moved by Ciernia
BALDWIN
CIERNIA 4 In Favor
GEHRZ (absent)
JACOBS 0 Against
GIBBON TALBOT
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Approved by ''~~r!"~ ~ ~/~;.-c.~-~~-~...
~ Mayor
Jan. 27. 1993
Date
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Attested by ,.ue '
C'ty Clerk
___ Jan. 27, 1993
Date
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