HomeMy WebLinkAbout5665 - ADMIN Resolution - City Council - 1977/01/03•
JANUARY 3, 1977
RESOLUTION NO. 5665
A RESOLUTION GRANTING VARIANCE IN FRONT YARD SETBACK FROM SECTION
14-173(6) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A
FRONT YARD SETBACK OF 9 FEET IN THE I-1 DISTRICT AT 4521 HIGHWAY 7
UNDER SPECIFIED CONDITIONS
BE IT RESOLVED by the City Council of St. Louis Park:
Findings
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1. Basic Properties has applied for a variance from Section 14-173(6) of
the Ordinance Code relating to zoning to permit a front yard setback of 9 feet
fora open entryway/handicapped ramp located in the I-1 District at
the following location, to -wit:
Lot 9, Block 2, Fern Hill, St. Louis Park, Minnesota, except that part taken
for State Highway 7. The north 1/2 of Lot 10, Block 2, Fern Hill St. Louis
Park, Minnesota. The north 55 feet of the east 150 feet cf the south 1/2 cf
Lot 10, Block 2, Fern Hill, except the south 5 feet thereof; Tracts C, D and
F, Registered Land Survey No. 153, Files of the Registrar of Titles, Hennepin
County; That part of Tract E, lying west of the northerly extension of the cast
line of Tract C; that part of the east 1/3 of the west 3/8 of the northwest 1/4
of the northeast 1/4 of Section 6, Township 28, Range 24, beginning at a point
in the south line of Highway 7, 15 feet northeast of the intersection of Highway
7 and the west line of the said strip of land; thence south 261.2 feet more or
less to the south line of the said quarter of said section, thence east along
said line for a distance of 150.31 feet more or less to the east line of the west
3/8 of the said quarter quarter; thence north along said line a
distance of 331.55 feet more or less to the south line of said Highway 7, thence
southwest along said line to point of beginning;
Commencing at northwest corner of southwest 1/4 of the northeast 1/4, thence
south 288.7 feet, thence easterly 43 feet to a point in the northerly line of
Minneapolis and St. Louis Railroad right-of-way, thence northeasterly along
northerly line of said right-of-way to north lire of southwest 1/1 of northeast
1/4, thence west to beginning, Section 6, Township 28, Range 24, except that
portion of said tract of land lying west of an extension southward of the east
line of Monterey Avenue, and except that part which lies east of the southerly
extension of the east line of Tract C; all the above part _--Registered Land
Survey No. 153, Files of the REgistrar of Titles; subject to an easement for
railroad spur track as created by a deed of record in Book 1875 of Deeds, Page
23, Register of Deeds Office, Hennepin County, Minnesota;
also known as General Office Products Company.
12/22/76
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~' �_�•""«• ?. "The Board Of Boning Appealo ham wawlewm.4 Y,ew wne±Irwge.ow,e- Beer. w =NM...,
ance (Case No. 76 -71 -VAR) and its action has been reported to the City
Council.
3. The City Council has considered 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.
4. Because of conditions on the subject property -and on the surrounding
property, it is possible to use the subject property in such a way 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 Zoning Ordinance and the Comprehensive Plan.
5. 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.
6. The granting of the application is necessary for the preservation
and Anjoyment of a substantial property right of the applicant.• It will not
merely serve as a convenience to the applicant, but is necessary to alleviate
demonstrable hardship or difficulty.
7. The following conditions and safeguards are necessary in order to
ensure and will in fact ensure that there will be no unreasonably adverse
consequences to the granting of the variance:
a) If at any time it shall become necessary to acquire
property abutting or located under the entryway/
handicapped ramp for the purposes of providing public
streets, pedestrian way or utilities, the public shall
not be liable for any cost incurred to the property
owner in removing or modifying the entryway/ramp.
Conclusion
The application for a variance for the purpose designated is granted, based on
the findings set forth above and subject to the conditions set forth in,
paragraph 7 of these findings.
Adopted by the City Coun . Januar 3, 77.
Mayer
Attest:
City Clerk "
ger
administration: App ed as to fo and legality:
City
2-
torney
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