HomeMy WebLinkAbout26-024 - ADMIN Resolution - City Council - 2026/02/02
Resolution No. 26-024
Approving a variance to allow a minimum front yard setback of 11 feet instead
of the minimum setback of 25 feet in the N-2 zoning district for 5430
Minnetonka Boulevard
Whereas, Sela Investments, Ltd., LLP applied for a variance from the requirements of
Section 36-166 of the St. Louis Park city code to allow a minimum front yard setback of 11 feet
instead of the minimum setback of 25 feet in the N-2 zoning district; and
Whereas, the property is located at 5430 Minnetonka Boulevard; the property is legally
described in “Exhibit A” attached hereto; and
Whereas, the property is zoned N-2; and
Whereas, the planning commission held a public hearing and reviewed the application
for a variance on January 21, 2026; and
Whereas, the city council considered the planning commission recommendation and
the information related to Case No. 25-11-VAR and the effect of the variance on the health,
safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic
conditions, the effect on the value of properties in the surrounding area and the effect of the
use on the comprehensive plan, and compliance with the intent of the zoning ordinance; and
Whereas, based on the testimony, evidence presented, and files and records, the city
council has determined the requested variance meets the requirements of Section 36-34(a)(2)
of the zoning ordinance necessary to be met for the city council to grant variances, and makes
the following findings:
1. The request to reduce the front yard setback does not impact the health, safety, and
welfare of the community given the reduced setback only applies to the
underground portion of the development. This area would be covered by hardscape
and plantings concealing it from passersby. The above ground portion of the building
will meet the required 25-foot setback.
2. The request is in harmony with the intent of the zoning ordinance given that the
project proposes to meet all required setbacks for the above ground portions of the
building. The requested variance would also allow the project to accommodate
more parking underground rather than increase impervious surface on the site with
additional surface parking spaces.
3. The comprehensive plan designates the land use of this site as RM – medium density
residential, which allows a variety of housing types with net residential densities
ranging from 18 to 30 units per acre. The variance request is for a three-story
apartment building with a residential density of 30 units per acre, which is consistent
with the comprehensive plan land use guiding. The comprehensive plan encourages
a variety of housing styles, sizes, and affordability. The proposed project would add a
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low-rise apartment building in an area with predominantly single-unit dwellings. The
comprehensive plan also aims to increase density along high frequency transit
corridors. The project site is located adjacent to a bus stop for a route that runs
every 15 minutes at the time of the application submittal.
4. The applicant has established a practical difficulty in complying with the zoning
ordinance with the following:
a. Low-rise apartment dwellings are permitted in the N-2 district.
b. The topography of the site and the parking restrictions along Minnetonka
Boulevard and Vernon Avenue South necessitate the variance request.
c. The variance will allow the construction of a permitted use that minimizes
impacts on the adjacent neighborhood by meeting the shadow ordinance
and providing off-street parking for residents and guests. The portion of the
development impacted by the variance is underground and will not alter the
essential character of the street.
d. Economic considerations are not considered as part of this request.
5. There are factors related to the shape, size or other extraordinary conditions of the
lot which impact the ability to meet the front yard setback for the underground
portion of the building. The topography of the site descends along Minnetonka
Boulevard and Vernon Avenue South resulting in an elevation change of
approximately 10 feet from the southeast corner to the north and west sides of the
site. This elevation change makes it difficult to meet the shadow ordinance in the
zoning code without locating the building further south on the site. The applicant
chose to shift the building to the south to meet the shadow ordinance and reduce
impacts on neighboring properties to the north.
6. The variance would support the construction of a low-rise apartment building which
is permitted in the N-2 zoning district. The project also aligns with the RM – medium
density residential land use guiding which allows densities of 18 to 30 units per acre.
City council initiated the land use change to RM – medium density residential in
2021.
7. Granting the requested variance will not impair light and air to the surrounding
properties. The site plan proposes a rear setback of approximately 65 feet adjacent
to the neighboring property on Vernon Avenue South and approximately 89 feet
adjacent to the neighboring property on Utica Avenue South. This is more than
double and triple the required 25-foot setback. The intent of this setback is to
mitigate light and air impairments on adjacent properties and to reduce the danger
of fire. The project will also clean up the contaminated soils on the site during
project construction. Staff believe this criterion has been met.
8. The variance is necessary to alleviate the practical difficulty created by the
topography of the site and lack of street parking. It would allow the applicant to
meet the project parking needs with underground parking compared to surface
parking which would increase impervious surface on the site. The variance would
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also allow the building to locate further south on the site to mitigate impacts on
adjacent properties.
Whereas, the contents of Case No. 25-11-VAR are hereby entered into and made part of
the record of decision for this case,
Now therefore be it resolved that the application for a variance to reduce the front yard
setback from 25 feet to 11 feet is hereby approved with the following conditions:
1. The property shall be developed in accordance with the approved exhibits.
2. The front yard setback shall only apply to the underground portions of the
development. The front yard setback of the above ground portion of the building
shall remain 25 feet.
3. The variance is automatically revoked and cancelled if construction of the proposed
building is not substantially completed within two years as outlined in city code
section 36-38(a)(9).
It is further resolved that the city clerk is instructed to record certified copies of this
resolution in the office of the Hennepin County Register of Deeds or Registrar of Titles as the
case may be.
Reviewed for administration: Adopted by the city council February 2, 2026:
Kim Keller, city manager Nadia Mohamed, mayor
Attest:
Melissa Kennedy, city clerk
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EXHIBIT A
All of Tracts A, B, and C described below:
Tract A:
Lot 15, except the north 80 feet thereof, and Lot 16, except the north 80 feet thereof, Auditor's
Subdivision
No. 351, according to the plat thereof on file and of record in the office of the County Recorder
in and for Hennepin County, Minnesota; excepting therefrom those parts conveyed to the
County of Hennepin in Documents No. A-3876997 and A-3876998, lying westerly, northerly and
easterly of the following described line: Beginning at the northeast corner of Lot 17 in said
Auditor's Subdivision No. 351; thence southerly to a point on the easterly boundary of said Lot
17, distant 27.3 feet northerly of the southeast corner thereof; thence on an azimuth of 194
degrees 37 minutes 31 seconds for 223.52 feet; thence on an azimuth of 272 degrees 09
minutes 07 seconds for 210.49 feet; thence on an azimuth of 00 degrees 07 minutes 44 seconds
for 181.58 feet and there terminating;
Tract B:
The northerly 80 feet of Lot 16, and the southerly 27.3 feet of Lot 17, Auditor's Subdivision No.
351, according to the plat thereof on file and of record in the office of the County Recorder in
and for Hennepin County, Minnesota, lying westerly of the following described line: Beginning
at the northeast corner of said Lot 17;thence southerly to a point on the easterly boundary of
said Lot 17, distance 27.3 feet northerly of the southeast corner thereof; thence on an azimuth
of 194 degrees 37 minutes 31 seconds for 223.52 feet and there terminating;
Tract C:
The northerly 80 feet of Lot 15, Auditor's Subdivision No. 351, according to the plat thereof on
file and of record in the office of the County Recorder in and for Hennepin County, Minnesota,
lying easterly of the following described line: Commencing at the northeast corner of Lot 17 in
said Auditor's Subdivision No. 351; thence southerly to a point on the easterly boundary of said
Lot 17, distant 27.3 feet northerly of the southeast corner thereof; thence on an azimuth of 194
degrees 37 minutes 31 seconds for 223.52 feet;
thence on an azimuth of 272 degrees 09 minutes 07 seconds for 210.49 feet to the point of
beginning of the line to be described; thence on an azimuth of 00 degrees 07 minutes 44
seconds for 181.58 feet and there terminating;
Subject to the following restriction: No access shall be permitted to Trunk Highway No. 100
from the lands herein conveyed.
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