HomeMy WebLinkAbout85-188 - ADMIN Resolution - City Council - 1985/11/04RESOLUTION NO. 85-188
A RESOLUTION OF FINDINGS REGARDING THE APPLICATION ,OF
PHYLLIS STRAND FOR A' -VARIAN -CE- UNDER SECTION 14-128(5)
OF,, THE ST., -LOUIS PARK ORDINANCE• CODE',RELATING TO
ZONING -TO. PERMIT THE, CONSTRUCTION OF A HOUSE -ON A
LOT HAVING,}A WIDTH OF 40 FEET INSTEAD OF THE REQUIRED
75 "FEET AND AN AREA OF -4,857 SQUARE FEET INSTEAD OF
THE REQUIRED 9,0 00 SQUARE FEET FOR PROPERTY LOCATED
IN THE R=1; SINGLE FAMILY 'RESIDENCE DISTRICT, AT 2708
VERNON AVENUE.
BE IT RESOLVED,BY THE_CITY OF ST. LOUIS PARK:
Findings
1. On July 31, 1985, Phyllis Strand filed, an application seeking, a variance to
permit the construction of -a house on a lot -having a width of 40 feet instead of
the required 75 feet- and, an area of 4,857 square feet instead of the required
9,060 square -feet for property located in the R-1, Single Family Residence
District, at 2708 Vernon Avenue for the legal description as follows', _to wit:
Lot 3, Block 2 Birch Woods Addition (Abstract)
2. On August,22, ;19,85-, the Board of Zoning Appeals met and recommended denial
of the variance on a vote of 3-1.
3. On September 26, 1985, the Board of Zoning Appeals passed a motion ratifying
the previous vote for denial with a vote of 3-1.
4. On October, 21, 1985, the City Council held a public hearing, received testimony
from, the public, discussed the application, and moved to deny the request on a 4-
2 vote.
5. _ Based, on the testimony,, -'evidence presented, and files and records, the City
Council makes the following findings:
a. The -subject Lot 3 and the lot to the south, Lot 4, are vacant forty foot
lots and said lots were ,in common ownership, constituting one buildable site
under the, Zoning Ordinance adopted in 1959 without the need for a variance
in lot 'width or lot area.
b. Lots .3 and 4 were acquired, by Ester Marie Swanson, on August 17, 1912, by
a deed, recorded, November 20, 1912, in the Office of the Hennepin County
Recorder as document number 656146. Ownership. of both lots did not
change until a- Decree of Distribution. for the estate of Ester M. Nelson
was filed -,on June 29; 1967, as document number 3662080. Through a series
of deeds -which, followed, title to Lot 3 was vested in Mrs. Nelson's daughter,
Phyllis Adair Strand, and title to Lot 4 was vested in Mrs. Nelson's son,
Robert C. Nelson, on November 15, 1972.
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c. Granting of a variance as now requested would not be in keeping with the
spirit and intent of the Zoning Ordinance. At the time the 1959 Zoning
Ordinance was adopted, Lots 3 and 4 combined had a reasonable use as a
single building site.
d. Granting this variance would create a precedent that could undermine the
integrity of the Zoning Ordinance. This precedent would encourage an
owner of two adjacent, undeveloped and substandard lots to sell one of the
lots to a third party in order to avoid the requirements of the Zoning
Ordinance.
e. Denial would be consistent with past action with respect to Lots 3 and 4.
CONCLUSION
The application for the variance is denied based !upon the findings set forth above
and on the grounds that conditions required for approval do not exist.
Adopted by the City Council November 4, 1985
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ATTEST:
Reviewed by administration:
Approved as to form and legality:
4C-Ry:�'Ma'nag'�er City Attorney
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