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86-17 WNITE - CITY CLERK PINK i.FINANCE GITY OF SAII4TT PAUL Council CMNARV - DEPARTMENT "� BLUE - MAVOR Flle NO. �^/ / Council Resolution Presented By Referred To Committee:. Date Out of Committee By Date 2. The plight of the landowner seeking to divide the property is due to circumstances unique to his property, and these circumstances were not created by the landowner; and 3. The variance requested is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welf are of the inhabitants of the City of Saint Paul; and 4. Grant the requested variance will not impair an adequate supply of light and air to adjacent property, nor will it alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area; and 5. The variance, if granted will not permit any use of the land that is inconsistent with the provision of the Zoning Code; and 6. The owners request for this variance is not based primarily on a desire to increase the value or income potential of the parcels of land. NOW, THEREFORE, BE IT RESOLVED, that the City Council accepts and approves this lot split for property situated at 1647 Middleton Avenue, legally described as Lots 8, 9, and 10, Block 4, Birmingham's Fourth Addition to Saint Paul. COUNCILMEN Requested by Department of: Yeas Drew Nays '�"'"`��'`t'g� � [n Favor �n� and Economi c Devel onment Nicosia � Scheibel � , � L�, Sonnen Against BY '� '"'�: . " Tedesco W i Ison • Adopted by Council: Date JAN 9 �" �8� Form Approved by City Attorney Certified Pas e ouncil S tary BY • By Approve y iNavor: Date ' '���� 1 �i i98�3 Approved by Mayor for Submission to Council By BY Pt4��.���'�D J t',�^d 1 81986 WFIITE - CiTV CIERK PINK � - FINANCE GITY OF SAINT PAUL Council .�•��`/-./� CA�ARV - L�JEPARTMENT File NO. / BIUE - MAVOR � . Cou 'l Resolution . , Presented By �-�->y Referred To Committee: Date Out of Committee By Date WHEREAS, the Saint Paul City Council approved a lot split with variance for Rudolph A. Kunz on December 3, 1985 by Resolution 85-1591; and WHEREAS, said resolution contained a significant error; NOW, THEREFORE, BE IT RESOLVED, that the City Council amends Resolution 85-591 to read as follows: WHEREAS, Rudolph A. Kunz has submitted the attached proposed lot split for City Council approval; and WHEREAS, the Departments of Planning and Economic Development and Public Works have reviewed the proposed lot split at 1647 Middleton Avenue as described on the attached survey; and WHEREAS, the proposed lot split meets the requirements of Sections 76.304 and 67.406 of the Zoning Code, except for minimum lot area; and WHEREAS, the City Council on November 21, 1985 held a public hearing to determine the advisability and necessity for the granting of variances from the strict application of the provisions of Sections 67.304 and 67.406 of the Zoning Code at which hearing all persons present were given an opportunity to testify; and WHEREAS, following said public hearing, the City Council made the following findings of fact: 1. The property in question cannot be put to a reasonable use under the strict provisions of the code; (continued) COU[VCILMEIV Requested by Department of: Yeas Nays Fletcher Drew [n Favor Masanz Nicosia Scheibel __ Against BY Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By, t�pproved by lNavor. Date Approved by Mayor for Submission to Council By _ BY