HomeMy WebLinkAbout89-01 - ADMIN Resolution - City Council - 1989/01/037
1
RESOLUTION NO. 89-01
A RESOLUTION GRANTING VARIANCE IN FRONTAGE ON A PUBLIC
STREET FROM SECTION 14-102(27), 14-113(4), 14-105 and 14-204 OF THE
ORDINANCE CODE RELATING TO ZONING TO PERMIT CONSTRUCTION
ON A LOT WHICH DOES NOT HAVE FRONTAGE ON A PUBLIC STREET
IN THE B-3, BUSINESS DISTRICT AT 7450-7500 WEST 27th STREET
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
1. John R. Smith has applied for a variance from Section 14-102(27), 14-113(4),
14-105 and 14-204 of the Ordinance Code relating to zoning to permit construction on
a lot which does not have frontage on a public street for a office/warehouse located in
the B-3, Business District at the following location, to -wit:
A tract of land located in Hennepin county, Minnesota, described as follows:
That part of the Burlington Northern, Inc. property (formerly Great Northern
Railway Co., Hutchinson Branch) in the Northeast Quarter of the Southeast
Quarter of Section 7 and the Northwest Quarter of the Southwest Quarter
and the Northeast Quarter of the Southwest Quarter of Section 8, all in
Township 117 North, Range 21, West of the 5th Principal Meridian described
as follows:
Commencing at the Southeast corner of the Northeast Quarter of the
Southeast Quarter of said Section 7; thence on an assumed bearing of
North, along the east line of said Northeast Quarter of the Southeast
Quarter, a distance of 190.57 feet, to the southerly right-of-way line of
the railway as described in Book 14 of Deeds, page 84, the point of
beginning of the land to be described; thence North 70 degrees 31 minutes
00 seconds East, along said southerly right-of-way line, a distance of
885.86 feet; thence continuing easterly, along said southerly right-of-way
line, a distance of 618.06 feet, along a tangential curve concave to the
northwest having a radius of 1960.08 feet and a central angle of 18 degrees
04 minutes 00 seconds; thence North 52 degrees 27 minutes 00 seconds
East, along said southerly right-of-way line, tangent to said curve a distance
of 262.87 feet; thence North 65 degrees 23 minutes 40 seconds East, along
said southerly right-of-way line a distance of 130.71 feet; thence easterly,
along said southerly right-of-way line a distance of 352.24 feet, along a
tangent curve concave to the southeast having a radius of 1860.08 feet and
a central angle of 10 degrees 51 minutes 00 seconds; thence North 13
degrees 45 minutes 20 seconds West, not tangent to the last described
curve, a distance of 23.11 feet, to the intersection with a line 18.00 feet
northerly of, measured at a right angle to and parallel with the southerly
right-of-way line of the railway as described in Book 122 of Deeds, page
316; thence South 76 degrees 14 minutes 40 seconds West, along said
parallel line and a line drawn parallel with and 18.00 feet northerly of
the southerly right-of-way line of the railway as described in Book 122
of Deeds, page 455, a distance of 2194.23 feet; thence southwesterly, along
spiral curve of increasing radius, a distance of 199.77 feet, the chord of
said curve bears South 76 degrees 04 minutes 16 seconds
West, thence southwesterly a distance of 299.70 feet, parallel with said
southerly right-of-way line along a tangential curve concave to the
southeast having a radius of 10,979.86 feet and a central angle of 1 degree
33 minutes 50 seconds, a chord bearing of South 74 degrees 56 minutes
33 seconds West, to the center line of Virginia Avenue as described in
Document No. 2750535; thence South 21 degrees 47 minutes 01 seconds
East, along said center line, a distance of 488.02 feet, to the southerly
right-of-way line of the railway as described in Book 15 of Deeds, page
239; thence northeasterly, along last described southerly right-of-way line,
a distance of 237.98 feet, along a non-tangential curve concave to the
southeast having a radius of 1860.08 feet and a central angle of 7 degrees
19 minutes 50 seconds, the chord of said curve bears North 66 degrees 51
minutes 05 seconds East and has a chord length of 237.82 feet; thence
North 70 degrees 31 minutes 00 seconds East, along the last described
southerly right-of-way line, a distance of 196.14 feet to the point of
begi nni ng.
Which lies easterly of a line 1230.00 feet easterly of, measured at a right
angle to and parallel with the center line of said Virginia Avenue (Abstract)
2. The Board of Zoning Appeals has reviewed the application for a variance
(Case No. 88 -98 -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 -t-he-subject -property in such a way that the -proposed-vari•an-ce--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- n tire-d-istri-et-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:
a. The applicant shall provide evidence of purchase of the property described
as Lot 8, Block 1, Astleford's Park prior to recording of this resolution.
b. The applicant shall provide evidence of the recording of the above-described
parcel prior to recording of this resolution.
r
c. An easement in a form acceptable to the City shall be recorded on Lot
8, Block 1, Astleford's Park to provide access to the subject property and
including the City as a party to the easement.
Conclusion
The application for a variance for construction on a lot which does not have frontage on
a public street is granted based upon the findings set forth above.
ATTEST:
4 kody Cler
Adopted by the City Council January 3, 1989
Reviewed by administration:
City Manager
Approved as to form and execution: