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Home My WebLink About95-135 - ADMIN Resolution - City Council - 1995/10/02RESOLUTION NO. 95-135 A RESOLUTION GRANTING VARIANCE FROM SECTION 14:6-6.2(F)(2) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT VINYL LAP SIDING AS AN EXTERIOR MATERIAL INSTEAD OF AN APPROVED CLASS I MATERIAL FOR PROPERTY LOCATED IN THE R-4 MULTIPLE FAMILY DISTRICT AT 2925 MONTEREY AVENUE BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Monterey co -Housing has applied for a variance from Section 14:6-6.2(F)(2) of the Ordinance Code relating to zoning to permit vinyl lap siding as an exterior material instead of an approved class I material for property located in the R-4 Multiple Family District at the following location, to -wit: Legal: See attached Exhibit "A" "Torrens" 2. The Board of Zoning Appeals held a public hearing, received testimony from the public, discussed the application for a variance Case No. 13-95 VAR and, upon finding that the request did not satisfy the Ordinance necessary for granting a variance, approved Resolution of Denial 13-95 on a vote of 5-0. 3. On September 5, 1995, the applicant, Monterey Co -Housing, filed an appeal of this decision of the Board of Zoning Appeals. 4. On Monday September 18, 1995, the City Council considered the appeal of Monterey Co -Housing 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 the values of the 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 the 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. 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 contents of Planing Case File 13-95 VAR are hereby entered into and made part of the public record and the record of decision for this case. 14. A 9..S/3.1 -- Conclusion, The applicant for a variance to permit vinyl lap siding as an exterior material instead of an approved class I material is granted based upon the findings setforth above, with the understanding that this approval is good for one calendar year from this date. ATTEST: Citylicitik 444-47‘44#4-1 Reviewed by administration: RES VAR. CC APP Adopted by the City Council October 2, 1995 6u /4„4.) Approved as to form and execution: Ataidia.‘44 L City Attorney ti RESOLUTION NO.95-135 A RESOLUTION GRANTING VARIANCE FROM SECTION 14:6-6.2(F)(2) OF THE ORDINANCE CODE RELATING 'TO ZONING TO PERMIT- VINYL ' LAP SIDING AS_ AN EXTERIOR MATERIAL INSTEAD OF AN APPROVED CtASSII MATERIAL FOR PROPERTY 'LOCATED IN THE R-4 MULTIPLE -FAMILY DISTRICT AT 2925 MONTEREY AVENUE BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Monterey co -Housing has applied for a'variance from Section 14:6-6.2(F)(2) of the Ordinance Code relating to zoning to permit vinyl lap siding as an exterior material instead of an approved class I material for property located in the R-4 Multiple Family District at the following location, to -wit: Legal: See attached Exhibit "A" "Torrens" 2. The Board of Zoning Appeals held a public hearing, received testimony from the public, discussed the application for a variance Case No. 13-95 VAR and, upon, finding that the request did not satisfy the Ordinance necessary for granting a variance, approved Resolution of Denial 13-95 on a vote of 5-0. 3. On September 5, 1995, the applicant, Monterey Co -Housing, filed an appeal of this decision of the Board of Zoning Appeals. 4. On Monday- September.18, -1995, - the -City Council considered the appeal of Monterey Co -Housing 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 the values of the 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 the 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. 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 contents of Planing Case File 13-95 VAR are hereby entered into and made part of the public record and the record of decision for this case. • J "EXHIBIT A" LEGAL DESCRIPTION Lot 22, Block 1, except the North 35.00 feet of that part of Lot 22 lying Westerly of the Southerly extension of the East line of Lot 20, Block 1 and also except the South 192.47 feet of the North 227.47 feet of the most Westerly 35.00 feet of Lot 22, Block 1, Monterey Park, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. "S45270 ,REGIS RED VOI p 6 g3 244 270 ,copy OFFICE OF NEEGISTRAR HENNEPIN COUNTY. miNNES011% CERTIFIED FILED ON OCT 19 190 fir-, OF TITLES DEPUTY BY 64 ge, is .i HC 1030 (5190) ;TATE of MINNESOTA, :OUNTY of HENNEPIN. his Is to certify that CERTIFICATE OF TITLE Transfer from No. 775972 A. D. 1946 Volume 338 No. ti 788 DISTRICT COURT No (s) Originally regi Page 104416 83 6818 tered the 25th day of June ' REGISTRATION Monterey CoHousing Community, a Minnesota _County of Hennepin, State of Minnesota cooperativ 2925 Monterey Avenue South, City of St. Louis Park, is now the owner(s) of an estate In fee simple of and in the following described land situated In the County of Hennepin and tate of Minnesota, to wit: Lot 22, Block 1, except the North 35.00 feet of that part of Lot East line of Lot 20, Block 1 and also except the South 192.47 feet of the North 227.47 feet , 1 Block 1, Monterey Park, according to the plat tto�r reF fit to .1�1 l� said County. Subject to drainage and utility Subject to a reservation by the .a easements as showd pla4, State of Minnesota of mineral and 2 lying Westerly of the Southerly, extension of the D‘ullr ,t6feet of Lot 22; 11 �din the office of the Registrar of Titles in and for iLlk kit IA1.1 C:::1 mineral rights therein; Subject to i`mbrnces, liens and Interest(s) noted by the nilliI(s)-u derwritten or endorsed hereon; and eutelehe lowing fights or encumbrances subsisting, as provided in the twentv-fourth sect) n of "An net conrerninn the of !nova CITY OF fISATR. K LOUIS TORRENS to Registrar of Titles 1 1ABSTRACT to County Recorder STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK) The undersigned duly qualified and acting Clerk of the City of St. Louis Park hereby certifies the following: The attached is a true and correct copy of the original Resolution No. approving a fel.0414...C, and on file in the Office of the City Clerk. Beverly Lanagan, Ci, Clerk (date) (S E A L) 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416-2290 Phone 612-924-2500 Fax 612-924-2170 Printed on recycled paper