HomeMy WebLinkAbout93-188 - ADMIN Resolution - City Council - 1993/11/15RESOLUTION NO. 93-188
A RESOLUTION GRANTING VARIANCE IN FRONT YARD SETBACK AND
SIGN SIZE FROM SECTIONS 14:6-4.5(G)(7) AND 14:6-2.6(R) OF THE ST.
LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A
SIGN WITH A FRONT YARD SETBACK OF 5 FEET INSTEAD OF THE
REQUIRED 30 FEET, A TOTAL AREA OF 170 SQUARE FEET INSTEAD
OF THE MAXIMUM 80 SQUARE FEET AND A MAXIMUM SIGN FACE
AREA OF 85 SQUARE FEET INSTEAD OF THE MAXIMUM 60 SQUARE
FEET FOR PROPERTY LOCATED IN THE R -C MULTIPLE FAMILY
RESIDENCE DISTRICT AT 8115 STATE HIGHWAY NO. 7
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
1. Prince of Peace Lutheran Church has applied for a variance from Sections
14:5-4.5(G)(7) and 14:6-2.6)R) of the Ordinance Code relating to zoning to permit a sign
with a front yard setback of 5 feet instead of the required 30 feet, a total area of 170 square
feet instead of the maximum 80 square feet and a maximum sign face area of 85 square feet
instead of the maximum 60 square feet for a church located in the R -C Multiple Family
Residence District at the following location, to -wit:
See Exhibit A - Legal Description
2. The Board of Zoning Appeals held a public hearing, received testimony from
the public,discussed the application for a variance (Case No. 93 -45 -VAR) and, upon fmding
that the request did not satisfy the Ordinance necessary for granting a variance, approved
Resolution of Denial 12-93 on a vote of 5-0.
3. On November 3, 1993, the applicant, Prince of Peace Lutheran Church, filed
an appeal of this decision to the City Council.
4. On Monday, November 15, 1993, the City Council considered the appeal of
Prince of Peace Lutheran Church from the decision of the Board of Zoning Appeals.
5. 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.
6. 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.
7. 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, in that:
A. The land immediately adjacent to the west and across Highway 7 is zoned C-2,
General Commercial,
93-i
B. Visibility of the sign at the location required by the Zoning Ordinance would
be affected by large trees,
C. Ability to read a sign the size required by the Zoning Ordinance would be
affected by the distance of the sign from, and the speed limit for, traffic on
Highway 7.
8. 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.
9. 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 sign will be located as shown on attached Exhibit B.
10. The contents of Planning Case File 93 -45 -VAR are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Conclusion
The application for variances to permit a sign with a front yard setback of 5 feet instead of
the required 30 feet, a total area of 170 square feet instead of the maximum 80 square feet
and a maximum sign face area of 85 square feet instead of the maximum 60 square feet is
granted based upon the findings" set forth above, with the understanding that the sign for
which these variances are granted must be installed within one calendar year from the date
of this resolution.
ATTEST:
ity
Reviewed by administration:
93-45-APPR.CC BOA RES2
Adopted by the City Council November 15, 1993
,,I. tf) /0/-44z.
Approved as to form and execution:
CityAttorney
II
EXHIBIT A - LEGAL DESCRIPTION
That part 3:
the Southeast quarter of the Southeast quarter of Section 1S. To:uship 117 :Torch,
of Pangs 71 ::est of the Fifth P. M., described as follows: Commencing at a point
distant 16J feet from the east line of said section and 236 feet north from the south
line of said section; thence west. parallel with the south line of said section.
to a paint in the southeasterly line of State Highway iia. 7; thence northeasterly alar.:
said d scuteasteriT line of said 'Highway to a point in a line running northwesterly: f= :.
tiie point of beg • nn and parallel with the southwesterly line of the triangular tract
of the State Hi hwayiat the southiesterly corner of the intersection of said Sta'`a
Highway- ►+o. 7 with Texas Avenue; thence southeasterly to beginning, accor .i ; to Lhe
map or plat thereof on file and of record in the office of the Register of Deeds in and
for said county and state. subject to restrictions of record, if any, zoning ordinances
and unpaid installments of special taxes or assessments heretofore levied and not yet
due and payable. (Abstract)
Case No. 93 -45 -VAR
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