HomeMy WebLinkAbout4456 - ADMIN Resolution - City Council - 1972/03/06ORIGINAL
MARCH 6, 19 ?2
7C
4456
RESOLUTION NO.
RESOLUTION GRANTING BUILDING
PERMIT WITHIN OFFICIAL MAP AREA
BE IT RESOLVED by the City Council of the City of St. Louis Park as
follows:
1. On August 2, 1971 the City Council adopted an official map which
provides that the area including Lot 4 and the north one-half of Lot 5, Block 2,
Barrett's Addition within the City of St. Louis Park is identified for a public
purpose.
2. Pow Bel Construction Corporation, the owner of the property, has
now applied for a building permit and the Director of Protective Inspections has
refused to issue a permit for a number of reasons, one of which is the official
map adopted pursuant to the city code.
3. An appeal having been taken from the denial of a permit, the matter
was referred to the Planning Commission. On December 15, 1971 the Planning
Commission affirmed the policy considerations reflected in the comprehensive
plan and in the official map, which designate this area for a public purpose. The
Planning Commission further concluded that the entire property of the owner, of
which such area identified for public purposes forms a part, cannot yield a
reasonable return to the owner unless a permit is granted.
4. The matter was also referred to the Park and Recreation Commission.
On February 9, 1972 the Park and Recreation Commission recommended that the
property should continue to be designated on the official map for a public purpose.
5. On January 31, 1972 and February 28, 1972 a public hearing was
duly held by the City Council on the appeal of the owner. Upon consideration of the
recommendatiais of the Planning Commission and Park and Recreation Commission,
and upon all the information presented at the public hearing, the City Council
finds that:
(a) The entire property of the owner, of whi ch such area
identified for public purposes forms a part, cannot yield a reasonable return unless
a permit is granted.
(b) Balancing the interest of the city in preserving the integrity
of the official map and the comprehensive plan and the interest of the owner of
the property in the use of its property and in the benefits of ownership, the
grant of a permit is required by considerations of justice and equity.
6. Based upon these findings, and subject to compliance with all applicable
laws and city ordinances, the owner shall be granted a building permit for the
property in question, to be issued by the Director of Protective Inspections unless
proceedings are instituted by the city for the acquisition of this property within
the time provided by ordinance. The permit shall contain a requirement that the
south one-half of Lot 5 shall be included as part of the building site unless a
variance is granted for the property.
Adopted by the City Council March 6, 1972.
Reviewed for administration:
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City Manager
-2-
Approved
as to form and legality:
Cit ttorne
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