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Home My WebLink About96-135 - ADMIN Resolution - City Council - 1996/09/03RESOLUTION NO. 96-135 A RESOLUTION GRANTING A VARIANCE FROM SECTION 14:6-1.3(A)(34) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT 14 PARKING STALLS INSTEAD OF THE REQUIRED 16 PARKING STALLS FOR PROPERTY LOCATED IN THE C-2, GENERAL COMMERCIAL DISTRICT, AT 1401- 05 COLORADO AVENUE. BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Evan Johnson applied for a vanancc from Section 14 6-1.3(A)(34) of the Ordinance Code relating to zoning to permit 12 parking stalls instead of the required 16 parking stalls for property in the "C-2" General Commercial Distnct at the following location, to -wit: Lots 5 & 6, Block 4, John A. Johnson's Addition 2. The Board of Zoning Appeals held a public hcanng, received testimony from the public, discussed the application for a variance Case No 7-96 VAR and upon finding that the request did not satisfy the Ordinance necessary for granting a vanance, approved Resolution of Denial 7-96 on a vote of 3-0 3. On August 2, 1996, the applicant, Evan Johnson, filed an appeal of this decision to the City Council. 4. On Tuesday September 3, 1996 the City Council considered the appeal of Evan Johnson 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 vanance upon the Comprehensive Plan. 6. Because of conditions on the subject property and surrounding property, it is possible to use the property in such a way that the proposed vanance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public strcets, 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 8. The granting of the application is necessary for the preservation and enjoyment of a substantial property nght 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 Planning Casc File 7-96 VAR arc hereby entered into and made part of the public record and the record of decision of this case 10. Under the Zoning Ordinance, this variance shall be deemed to be abandoned, revoked, or canceled if the holder shall fail to complete the work on or before one year after the variance is granted. 11. The following conditions and safeguards arc necessary in order to insure and will in fact insure that there will be no unreasonable adverse consequences to the granting of the variance. a. Occupancy of the building may change provided the amount of required parking does not increase with the new use CONCLUSION The application for the variance to permit 14 parking stalls instead of the required 16 parkmg stalls is granted based upon the finding set forth above ATTEST: Reviewed by Administration• ncil on September 3, 1996 d-oxecutton: i 1 1 lj4I.;.: Al CITY OF ST. LOUIS PARK STATE OF MINNESOTA ) COUNTY OF HENNEPIN )ss CITY OF ST. LOUIS PARK) "CITY COUNCIL RESOLUTION" The undersigned hereby certifies the following: 1) The attached is a full, true and correct copy of -the original Resolution No. 96-135 adopted 9/3/96 , and on file in the Office of the City Clerk. 2) The City Council meeting was held upon due call and notice. WITNESSmyhand and the Seal of the City of St. Louis Park. (SEAL) = Diane L. Peter , MCMC Deputy City Clerk 11/19/96 Date 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416-2290 Phone: 612-924-2500 Fax: 612-924-2170 Printed an recycled and recylable paper 1 RESOLUTION NO. -Qu-135 A RESOLUTION GRANTING A VARIANCE FROM SECTION 14:6-1.3(A)(34) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT 14 PARKING STALLS INSTEAD OF THE REQUIRED 16 PARKING STALLS FOR PROPERTY LOCATED IN THE C-2, GENERAL COMMERCIAL DISTRICT, AT 1401- 05 COLORADO AVENUE. BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Evan Johnson applied for a vanancc from Section 14.6-1.3(A)(34) of the Ordinance Code relating to zoning to permit 12 parking stalls instead of the required 16 parking stalls for property in the "C-2" General Commercial District at the following location, to -wit: Lots 5 & 6, Block 4, John A. Johnson's Addition 2. The Board of Zoning Appeals held a public hearing, received testimony from the public, discussed the application for a v ariancc Case No. 7-96 VAR and upon finding that the request did not satisfy the Ordinance necessary for granting a variance, approved Resolution of Denial 7-96 on a vote of 3-0 3. On August 2, 1996, the applicant, Evan Johnson, filed an appeal of this decision to the City Council. 4. On Tuesday September 3, 1996 the City Council considered the appeal of Evan Johnson 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 m the surrounding area, and the effect of the proposed vanance upon the Comprehensive Plan. 6. Because of conditions on the subject property and surrounding property, it is possible to use the property in such a way that the proposed variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public strcets, 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. 3Z(s/ 4 G//-9/3 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` 1' The contents of Planning Case File 7-96 VAR arc hereby entered into and made part of the Z J public record and the record of decision of this case 10. Under the Zoning Ordinance, this variance shall be deemed to be abandoned, revoked, or canceled if the holder shall fail to complete the work on or before one year after the variance is granted. 11. The following conditions and safeguards arc necessary in order to insure and will in fact insure that there will be no unreasonable adverse consequences to the granting of the variance. a. Occupancy of the building may change provided the amount of required parking does not increase with the new use. CONCLUSION The application for the variance to permit 14 parking stalls instead of the required 16 parking stalls is granted based upon the finding set forth above. Ad cf pt, • by the uncil on September 3, 1996 M y ATTEST: Reviewed by Administration: xecution: Fel Atterney---- Cn c) COPY f REGISTERED VOL 73( PAGE r/b`!/3 REGISTERED VOLS PAGE WICE OF THE REGISTRY OF TITG Ec PIEVNEPIN COON' • to %NESOTT - CERTR-IEC FLED ON JUN 4 1997 REGISTRAR OF TITLES ®� _ DEPUTY