HomeMy WebLinkAbout87-21 - ADMIN Resolution - City Council - 1987/03/02RESOLUTION NO. 87-21
RESOLUTION OF FINDINGS REGARDING THE APPLICATION
OF AVR, INC. FOR A BUILDING PERMIT TO CONSTRUCT
A NEW CONCRETE READY -MIX PLANT AT 3270 GORHAM AVENUE
BE IT RESOLVED BY THE CITY OF ST. LOUIS PARK, MINNESOTA:
Findings
1. On October 3, 1986, the City of St. Louis Park, Minnesota, received an application
from AVR, Inc. for a building permit to construct and install a new concrete
ready -mix plant replacing the existing plant located at 3270 Gorham Avenue.
On November 7, 1986, the application was denied by the Director of Inspectional
Services on the basis that: �
a. The complete replacement of the existing facility with a new concrete
ready -mix plant constitutes an unlawful alteration of a structure which
extends a nonconforming use in violation of Section 14-106(9) of the St.
Louis Park Zoning Code.
b. The complete destruction of the existing ready -mix plant and replacement
with a new structure would result in the replacement of one nonconforming
structure with another. Section 14-106(4) of the St. Louis Park Zoning
Code provides that if a non -conforming structure is damaged to the extent
of 60% or more of its fair market value, any reconstruction must be for a
use which conforms with the zoning code.
c. Under Section 14-106 of the St. Louis Park Zoning Code, the existing plant
may continue in the size and manner of operation existing upon the date
of the enactment of the zoning ordinance as amended in 1959; however,
the documents and specifications accompanying the building permit
application indicate that the new plant would be larger in both height and
square footage.
d. The drawings submitted with the building permit application indicate the
new facility would be approximately 85 feet in height. Under Section 14-
171(8) of the St. Louis Park Zoning Code, a structure cannot exceed 75 feet
in height without a special permit.
2. On December 11, 1986, Jeffrey G. Stephenson of Petersen, Tews & Squires,
representing AVR, Inc., filed a request to appeal the denial by the Director of
Inspectional Services -of -the -requested-new -concrete plant.
3. On January 22, 1987, the Board of Appeals reviewed the request to appeal the
denial, and a motion to concur in the interpretation of the Director of Inspectional
Services passed on a vote of 6-0-1.
4. On February 17, 1987, a public hearing was held and the City Council passed
a motion on a vote of 4-1 authorizing preparation of a resolution to concur in
the decision of the Director of Inspectional Services to deny the building permit.
5. Based on all the testimony, evidence presented by staff and the applicant, and
the files and records, the City Council finds that the application for a building
permit to construct a new concrete ready -mix plant fails to meet the requirements
of the City's Zoning Ordinance, including the following:
Section 14-105. Application of this Ordinance. Except as in this ordinance
specifically provided, no structure shall be erected, converted, enlarged,
reconstructed or altered, and no structure or land shall be used for any purpose
nor in any manner which is not in conformity with this ordinance.
Section 14-106. Nonconforming Uses.
(1) Any use of lands or structures lawfully existing upon the effective date
of this ordinance may be continued at the size and the manner of
operation existing upon such date, except as hereinafter specified.
(4) Whenever a structure shall have been damaged by fire, flood explosion,
earthquake, war, riot or act of God, it may be reconstructed and used
as before if it be reconstructed within twelve (12) months after such
calamity, unless the damage to the building or structure is sixty percent
(60%) or more of its fair market value, in which case the reconstruction
shall be for a use in accordance with the provisions of this ordinance.
(This section is applicable to the extent that it identifies that even in
cases where the damage to the building or structure is 60% or more,
rebuilding is prohibited.)
(8) A lawful non -conforming use of a structure or parcel of land may be
changed to a similar non -conforming use or to a more restrictive non-
conforming use. Once a structure or parcel of land has been placed in
a more restrictive non -conforming use, it shall not return to a less
restrictive non -conforming use.
(9) Normal maintenance of a building or other structure containing or
related to a lawful non -conforming use is permitted, including necessary
non-structural repairs and incidental alterations which do not extend
or intensify the non -conforming use.
CONCLUSION
The applicant's appeal from the denial of a building permit to construct a new
concrete ready mix plant at 3270 Gorham Avenue is hereby denied based upon the
findings set forth above and on the grounds that conditions required for approval do
not exist.
ATTEST:
Adopted by the City Council March 2, ' 1987
IAA 14-adsib-i
Mayor
City Clerk
Reviewed for Administration:
Approv
o form and execution:
City rney
1
1