HomeMy WebLinkAbout84-126 - ADMIN Resolution - City Council - 1984/08/20RESOLUTION NO. 84-126
A RESOLUTION' GRANTING VARIANCE IN REAR YARD SETBACK FROM
SECTION 14-138(5) OF THE ORDINANCE CODE RELATING TO ZONING
TO PERMIT THE CONSTRUCTION OF TWO RESIDENTIAL STRUCTURES
HAVING A REAR YARD SETBACK OF 15 FEET INSTEAD OF THE
REQUIRED 30 FEET IN THE R-3, TWO FAMILY RESIDENCE DISTRICT,
AND F-2 FLOODPLAIN DISTRICT AT 5224 WEST 26TH STREET
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
1. Beth E1 Synagogue (Concord Realty Investment and Development, Inc.) has
applied for a variance from Section 14-138(5) of the Ordinance Code relating to zoning
to permit the construction of two residential structures having a rear yard setback of
15 feet instead of the required 30 feet for a townhouse development located in the R-
3, Two Family Residence District, and F-2, Floodplain District at the following location,
to -wit:
The West 658 feet of that part of the South 330 feet of the
Northwest Quarter of Section 31, Township 29, Range 24, lying West of
the East 450 feet thereof and East of a line drawn parallel with and
distant 20 feet Southeasterly of the following described line: Commencing
at the North Quarter corner of said Section 31; thence West along the
North line of the Northwest Quarter of said Section 31 a distance of
1316.42 feet; thence deflecting to the left at an angle of 78 degrees 57
minutes 13 seconds a distance of 801.9 feet; thence Southerly along a 1
degree tangential curve to the right (central angle 9 degrees 4 minutes)
a distance of 906.7 feet; thence Southerly, tangent to said curve , a
distance of 332.6 feet; thence at a right angle Southeasterly a distance
of 71 feet; thence Southwesterly at a right angle a distance of 57.46
feet; thence Southerly along a 11 degree tangential curve to the left
(central angle 22 degrees 34 minutes 6 seconds) a distance of 205.17 feet;
thence Southerly, tangent to said curve, a distance of 41.94 feet to the
point of beginning of the line to be described; thence Southerly along a
25 degree tangential curve to the right, (central angle 39 degrees 35
minutes 12 seconds) a distance of 158.35 feet; thence Southerly, tangent
to the last described curve a distance of 35.17 feet; thence Southerly
along a 11 degree tangential curve to the left (central angle 25 degrees
16 minutes 6 seconds) a distance of 229.71 feet; thence Southerly, tangent
to the last described curve, to the South line of said Northwest Quarter
and there terminating. A part of the South boundary line of said land
is marked by Judicial Landmarks set pursuant to Torrens Case No. 14446,
according to the Government Survey thereof.
(Torrens Certificate No. 499858)
2. The Board of Zoning Appeals has reviewed the application for a variance
(Case No. 84 -63 -VAR) and has recommended to the City Council that the application
be granted.
3. The 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, 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 enjoyment
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 insure and
will in fact insure that there will be no unreasonably adverse consequences to the
granting of the variance:
1. This variance only applies for a development having 28 housing units and
which meets the drainage requirements of the Minnehaha Creek Watershed District.
Conclusion
The application for a variance for the construction of two residential structures having
a rear yard setback of 15 feet instead of the required 30 feet is granted based upon
the findings set forth above.
Adopted by the City Council August 20, 1984
ATTEST:
WA
MR , M
1 F40 1�' ai, W1&`A�F""/-�"` A14 M/'
'f
Reviewed by administration:
Approved as to form and legality: