HomeMy WebLinkAbout94-90 - ADMIN Resolution - City Council - 1994/07/18RESOLUTION NO. 94-90
A RESOLUTION GRANTING VARIANCE IN BUFFERYARD AND
PARKING FROM SECTIONS 14:5-5.2(D)(1)(d), 14:6-1.3(A)(32) AND 14:6-
1.2(C) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A
MOTOR FUEL STATION WITH A BUFFERYARD "B" HAVING A WIDTH
OF 4 FEET INSTEAD OF THE REQUIRED 6 FEET ALONG THE SOUTH
PROPERTY LINE, A BUFFERYARD HAVING 22 PLANT UNITS AND 131
NON -PLANT UNITS INSTEAD OF THE REQUIRED BUFFERYARD "F"
AND 12 PARKING STALLS INSTEAD OF THE REQUIRED 16 PARKING
STALLS FOR PROPERTY IN THE C-1 COMMERCIAL DISTRICT AT 3900
MINNETONKA BOULEVARD
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
1. 1228 Apache Drive Partnership (Harold W. Cottle) has applied for a variance
from Sections 14:5-5.2(D)(1)(d), 14:6-1.3(A)(32) and 14:6-1.2(C) of the Ordinance Code
relating to zoning to permit a motor fuel station with a Bufferyard "B" having a width of 4
feet instead of the required 6 feet along the south property line, a Bufferyard having 22
plant units and 131 non -plant units instead of the required Bufferyard "F" and 12 parking
stalls instead of the required 16 parking stalls for property located in the C-1 Commercial
District at the following location, to -wit:
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. 94 -29 -VAR) and, upon finding
that the request did not satisfy the Ordinance necessary for granting a variance, `approved
Resolution of Denial 12-94 on a vote of 3-0.
3. On July 1, 1994, the applicant, 1228 Apache Drive Partnership, filed an
appeal of this decision to the City Council which included a modified site plan that reduced
the requested variances.
4. On July 7, 1994, the applicant, 1228 Apache Drive Partnership, filed another
modified site plan which further reduced the requested variances.
5. On Monday, July 18, 1994, the City Council considered the appeal of 1228
Apache Drive Partnership (Harold Cottle) from the decision of the Board of Zoning
Appeals.
6. 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.
7. 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.
990
8. The strict application of the terms of this ordinance would result in peculiar
and practical difficulties or exceptional or undue hardship on such lot in developing the lot.
A Vapor Extraction System has been installed on the property to mitigate contamination
caused by a petroleum tank spill. This is an "extra ordinary and exceptional condition".
See St. Louis Park Code Section 14:8-3.3(E)(1).
9. 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. These conditions
include the small size of the parcel, the contamination of the property and the extended
duration of the vacancy of the building on the site.
10. 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.
11. 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. This variance is contingent upon the issuance of a Conditional Use Permit for
a motor fuel station.
12. The contents of Planning Case File 94 -29 -VAR are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Conclusion
Variances to permit a motor fuel station with a Bufferyard "B" having a width of 4 feet
instead of the required 6 feet along the south property line, a Bufferyard having 22 plant
units and 131 non -plant units instead of the required Bufferyard "F" and 12 parking stalls
instead of the required 16 parking stalls are granted based upon the findings set forth
above, with the understanding that this approval is good for one calendar year from this
date.
ATTEST:
Reviewed by administration:
Adopted by the City Council July 18, 1994
6, /0/74-"I
Approved as to form and executi
94-29-VAR.CC BOZA 2
EXHIBIT A - LEGAL DESCRIPTION
That part of the Southeast Quarter of the Southeast Quarter of
Section 31, Township 29, Range 24, Hennepin County, described as
follows:
Beginning at the Southeast corner of said section 31; thence
West along the South Line of said section a distance of 165
feet; thence North parallel to the East line of said section a
distance of 123 feet; thence East parallel to the South line of
said section a distance of 165 feet to the East line of said
section; thence South along the East line of said section a
distance of 123 feet to the place of beginning.
(Abstract)
Case No. 94 -29 -VAR
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