HomeMy WebLinkAbout98-49 - ADMIN Resolution - City Council - 1998/03/02RESOLUTION NO. (16 - 4 9
A RESOLUTION GRANTING A VARIANCE FROM SECTION 14:5-5.3(D)(3)(e) OF
THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A
MOTOR SERVICE AND REPAIR FACILITY WITH A SETBACK OF 45 FEET FROM
A RESIDENTIAL DISTRICT INSTEAD OF THE REQUIRED 100 FEET FOR
PROPERTY LOCATED IN THE C-2, GENERAL COMMERCIAL DISTRICT, AT 7200
CEDAR LAKE ROAD.
BE IT RESOLVED BY the City Council of St. Louis Park, Mumesota
FINDINGS
1 Michael DuPont applied for a variance from Section 14 5-5 3(D)(3)(e) of the Ordinance
Code relating to zoning to permit a motor service and repair facility with a setback of 45
feet from a Residential Distnct instead of the required 100 feet for property m the "C-2"
General Commercial District at the following location, to -wit
See attached Exhibit "A"
2 The Board of Zonmg Appeals held a public hearing, received testimony from the public,
discussed the application for a vanance Case No 1-98 VAR and upon finding that the
request did not satisfy the Ordinance necessary for granting a variance, approved
Resolution of Denial 1-98 on a vote of 3-0
3 On January 28, 1998, the applicant, Michael DuPont, filed an appeal of this decision to
the City Council
4 On Tuesday February 17, 1998 the City Council considered the appeal of Michael DuPont
from the decision of the Board of Zoning Appeals At this meeting, the applicant
subnutted a revised site plan switching the locating of the carwash thereby reducing the
request for vanance from 22 feet to 45 feet
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 variance will not impair an adequate
supply of light and air to the adjacent property, unreasonably increase the congestion m 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
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 Planning Case File 1-98 VAR are hereby entered into and made part of the
public record and the record of decision of this case
10 Under the Zoning Ordinance, this vanance 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.
CONCLUSION
The application for the variance to permit a motor service and repair facility with a setback of 45
feet from a Residential District instead of the required 100 feet is granted based upon the finding
set forth above.
ATTEST
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Ci ' Clerk
Reviewed by Administration
City Manager
Adopt -d by the City Council on March 2, 1998
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Mayo