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HomeMy WebLinkAbout5311 - ADMIN Resolution - City Council - 1975/06/30RESOLUTION NO. 5311 JUNE 30, 1975 8C RESOLUTION GRANTING VARIANCE IN PARKING REQUIREMENTS FROM SECTION 6:172.4(23) OF THE ZONING ORDINANCE TO PERMIT FULL OCCUPANCY OF A RETAIL BUILDING IN THE B-2 DISTRICT UNDER SPECIFIED CONDITIONS BE IT RESOLVED BY the City Council of the City of St. Louis Park, Minnesota: Findings 1. William and Marcie R. Shragg have applied for a variance from Section 6:172.4(23) of the Zoning Ordinance to permit full occupancy of a 3,000 square foot building, currently occupied by a 1,500 square foot grocery store and provid- ing 5 legal off-street parking spaces instead of limiting the use of the building to a total of 2,000 square feet, which was the highest most recent occupancy of the building, for a building located in the B-2 District at the following location, to -wit: that part of Lots 25, 26, 27, and 28, Block 189, Rearrange- ment of St. Louis Park, lying northeasterly of a line running from a point in the North line of said Lot 25 distant 4.3 feet East of the Northwest corner of said Lot 25 to a point in the Southeasterly line of said Lot 28 distant 42.33 feet North- easterly of the most Southerly corner thereof (according to the plat thereof on file and (tlf record in the Office of the Registrar of Titles in and for Hennepin County, Minnesota) commonly known as 6304 West Lake Street. 2. The Council has considered the advice and recommendation of the Board of Zoning Appeals (Case No. 74-63-Var,) and the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 3. The Council has determined that because of conditions on the subject property including the shape of the lot and topography, it is not practical to develop unbuilt upon areas for parking and no other parking alternatives exist, and that the proposed variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the ordinance and the Comprehensive Plan, but the variance is necessary to preserve the enjoyment of a substantial property right of the owner. 4. The Council has also determined that the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 5. The Council has determined that the special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property, and do not apply generally to other land or structures in the district in which such land is located. 4. The Council has determined that the building may be occupied for any of the following purposes with the following conditions in order to insure that there will be no unreasonably adverse consequences to the granting of the variance: a. The applicant shall execute an agreement with the City, in a form approved by the City Attorney, permitting the applicant to use adjoining city right-of-way for Colorado Avenue to implement the parking plan illustrated on the attached drawing at the following location, to -wit: b, . That portion of Colorado Avenue bounded by the North line of West Lake Street and a line extending from the Northeast corner of Lot 25, Block 189, Rearrangement of St. Louis Park 45 degrees to the Southeast to a point on the North line of West Lake Street 56 feet from the point of intersection of the west line of Colorado Avenue and the North line of West Lake Street. The agreement shall be terminable at the will of the City on or after December 31, 1979, and in the event of its termination this variance shall automatically terminate also. The easterly one-half (1,500 square feet) may be occupied by a retail grocery store. c. Construction of parking facilities and associated landscaping shall be completed by October 31, 1975. However, parking in the front yard setback shall cease and positive action to prohibit parking therein taken by July 7, 1975 and all blacktop in said front yard setback removed by July 31, 1975. d. The westerly one-half may be occupied in the following manner: Permitted Floor Use Area (sq. ft.) Conditions Photo studio 1,500 Art studio and similar 1,500 Dental Office - 1,500 Limit to one dentist Business Office 1,500 Limit to five persons Furniture store 1,500 Appliance store 1,500 Wholesale business (not discount store) 1,500 Florist shop 1,500 500 sq. ft. sales & display; 1,000 sq.ft. preparation -2- r Dry Cleaner Radio and TV store and repair Plumbing store and repair Interior decorating studio Picture framing studio Newspaper office and printing Printing service Upholstery shop or similar Radio station Barber shop/beauty shop 1,500 500 sq. ft. sales area; 1,000 sq,ft. processing 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 Art and school supply (70% retail/30% nonpublic) 1,500 Bakery - off sale consumption (70% retail/30% nonpublic) 1,500 Gift or novelty store (70% retail/30% nonpublic) 1,500 Conclusion Limit to two service persons The application for a variance for the purpose designated at the above location is hereby granted, based upon the findings set forth above and subject to the conditions set forth in paragraph 6. Adopted by the City Council June 30, 1975. Attest: City Clerk Reviewed by administration: -3- Mayor Approved as to form and legality: City Attorney