HomeMy WebLinkAbout88-93 - ADMIN Resolution - City Council - 1988/08/018h
RESOLUTION NO.
88-93
A RESOLUTION OF FINDINGS REGARDING THE APPLICATION OF
KAYO OIL COMPANY FOR A VARIANCE UNDER SECTION 14-
158(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING
TO ZONING TO PERMIT THE CONSTRUCTION OF A CANOPY
HAVING A FRONT YARD SETBACK OF 17 FEET INSTEAD OF
THE REQUIRED 20 FEET FOR PROPERTY LOCATED IN THE B-
2, GENERAL BUSINESS DISTRICT, AT 5600 WEST LAKE STREET.
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
1. On May 24, 1988, Kayo Oil Company filed an application seeking a variance
to permit construction of a canopy having a front yard setback of 17 feet
instead of the required 20 feet for property located in the B-2, General Business
District, located at 5600 West Lake Street, for the following legal description,
to wit:
Lot 8, Auditors Subdivision 323, Hennepin County, Minnesota
2. On June 23, 1988, the Board of Zoning Appeals reviewed the request and
recommended approval of the variance on a vote of 5-0.
3. On July 18, 1988, The City Council held a public hearing, received testimony
from the public, discussed the application, continued the public hearing to
August 1, 1988, and authorized preparation of a resolution of denial on a vote
of 5-1.
4. Based on the testimony, evidence presented, and files and records, the City
Council makes the following findings:
a. The requested variance does not meet the requirements of Section 14-
158(4) of the Zoning ordinance necessary to be met for the City Council
to grant variances. There are no factors related to the shape, size or
other extraordinary conditions of the lot which prevent a reasonable use.
b. Granting of the requested variance is not necessary for the preservation
and enjoyment of a substantial property right. The property has had,
and does now have, a reasonable use.
c. Granting of the requested variance would be contrary to the intent and
provisions of the Zoning Ordinance since, if granted, it would permit a
17 foot setback when properties so zoned require a setback of 20 feet.
1
d. There is no demonstrable or undue hardship under the terms of the Zoning
Ordinance or Minnesota Statute, and therefore, conditions necessary for
granting the requested variance do not exist. The present use of the
property is legal under the terms of the Zoning Ordinance.
Adopted by the City Council on August 1, 1988
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Mayor
ATTEST:
Reviewed for administration:
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City Manager
Approved as to form and execution: