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HomeMy WebLinkAbout00-011 - ADMIN Resolution - City Council - 2000/02/07RESOLUTION NO. 00-011 A RESOLUTION GRANTING A VARIANCE FROM SECTION 14:5-4.6.G.11 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A REAR YARD SETBACK OF TEN (10) FEET INSTEAD OF THE REQUIRED TWENTY-FIVE (25) FEET FOR PROPERTY LOCATED IN THE R -C HIGH DENSITY RESIDENTIAL DISTRICT AT 7301 WALKER STREET BE IT RESOLVED BY the City Council of St Louis Park, Minnesota FINDINGS 1 MSP Real Estate has applied for a variance from Section 14 5-4 6 G 11 of the Ordinance Code relating to zoning to permit a rear yard setback of ten (10) feet instead of the required twenty-five (25) feet for property located in the R -C High Density Residential District at the following location, to -wit See Attached Legal Description 2 On January 5, 2000 The Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of a variance 3 The Planning Commission 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 4 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 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 5 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 6 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 7 The contents of Planning Case File 99 -38 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case 8 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 Resolution No 00-011 -2- CONCLUSION The application for the variance to permit a rear yard setback of ten (10) feet instead of the required twenty-five (25) feet is granted based upon the finding(s) set forth above Reviewed for Administration Attest City Clerk Adopted by t i e City Council February 7, 2000 Mayor Reset o -I -"o n 00 - O I 1 LEGAL DESCRIPTION CASE NO. 99 -35 -PUD, 99-37-S AND 99 -38 -VAR MILL CITY SITE Legal Description Parcel 1 (Torrens Certificate of Title No. 538752): That part of Block 324, "Rearrangement of St. Louis Park", lying North of State Highway No. 7, and South of the Southerly line of Lot 18 in said Block, also the alley in said Block, now vacated, and the Northwesterly 1/2 of First Street Northwest lying between the North line of said Highway and an extension across said Street of the curved Southerly line of Lot 18 of said Block and that part of the Northeasterly 1/2 of Hurst Street, now vacated, lying between the Northerly line of said Highway and an extension across it of the curved Southerly line of Lot 18 in said Block; Excepting therefrom Lots 1 and 2 of said Block and that part of the Northeasterly 1/2 of the alley therein, now vacated, lying between extensions across it of the Southeasterly line of said Lot 2 and the Northwesterly curved line of said Lot 1, and except Lot 13 and that part of the Southwesterly 1/2 of said alley, now vacated, lying between extensions of the side lines of said Lot 13 and the Northeasterly 1/2 of that part Hurst street, now vacated, Tying between extensions of the side lines of said Lot 13, and except that part of Lots 6, 7 and 8 in said Block and of the Northwesterly 1/2 of First Street Northwest lying Easterly of a line drawn between the most Northerly corner of said Lot 6 and a point on the Southerly line of the Northwesterly 1/2 of vacated First Street Northwest 200 feet Southwesterly of the point of intersection of said Southerly line with an extension across said street of the curved Southerly line of Lot 18 in said block, said curved Southerly line of Lot 18 is the Easterly line of the portion of said vacated street, according to the recorded plat thereof, Hennepin County, Minnesota. Parcel 2 (Abstract): Lots 1, 2, and 13, Block 324, Rearrangement of St. Louis Park, including adjacent half of vacated street and alley adjoining said Tots, according to the recorded plat thereof, Hennepin County, Minnesota. Parcel 3 (Torrens Certificate of Title No. 329380): That portion of the vacated street adjoining Lot 1 on the Northeasterly side thereof Tying Southwesterly of the center line of said street and between the extension across it of the Westerly line of said Lot 1 and the Northerly line of State Highway No. 7 Block 323, Rearrangement of St. Louis Park, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. PAGE 1 OF 2 Parcel 4 (Abstract — to be verified): That part of Lot 18, Block 324 and vacated Hurst Street, all in Rearrangement of St. Louis Park, Hennepin County, Minnesota, according to the record plat thereof, discribed as follows: Beginning at the most northerly corner of Lot 1, Block 323 of said Rearrangement of St. Louis Park; thence 134.09 feet northeasterly along the southerly line of said Lot 18 and its' southwesterly extension of said southeasterly line, being a curve concave southeasterly having a radius of 548.70 feet, a central angle of 10 degrees 26 minutes 32 seconds and a chord bearing of North 36 degrees 54 minutes 54 seconds East, assuming that the southwesterly line said vacated Hurst Street bears South 56 degrees 50 minutes 56 seconds East, the chord of said curve is 133.76 feet; thence continued along said southerly line of Lot 18, a distance of 177.42 feet along a compound curve, having a radius of 500.70 feet and a central angle of 20 degrees 18 minutes 08 seconds; thence North 25 degrees 46 minutes 54 seconds West radial to said curve, a distance of 95.00 feet to the northerly line of said Lot 18; thence westerly along said northerly line, a distance of 117.42 feet along a non— tangential curve, concave southerly, having a radius of 595.70 feet, a central angle of 11 degrees 17 minutes 39 seconds, a chord bearing of South 58 degrees 34 minutes 16 seconds West, a chord distance of 117.23 feet; thence 258.28 feet southwesterly along a non—tangential curve, concave southeasterly, having a radius of 273.58 feet, a central angle of 54 degrees 05 minutes 29 seconds, a chord bearing of South 19 degrees 13 minutes 03 seconds West, a chord distance of 248.79 feet to the point of beginning. i Parcel 5 (Abstract — to be verified): That part of Lot 18, Block 324 and vacated Hurst Street, all in Rearrangement of St. Louis Park, Hennepin County, Minnesota, according to the record plat thereof, which lies easterly of the following described Line A and which lies westerly of the following described Line B: Line A: Beginning at the most northerly corner of Lot -1, Block 323 of said Rearrangement of St. Louis Park; thence 134.09 feet northeasterly along the southerly line of said Lot 18 and its' southwesterly extension of said southeasterly line, being a curve concave southeasterly having a radius of 548.70 feet, a central angle of 10 degrees 26 minutes 32 seconds and a chord bearing of North 36 degrees 54 minutes 54 seconds East, assuming that the southwesterly line said vacated Hurst Street bears South 56 degrees 50 minutes 56 seconds East, the chord of said curve is 133.76 feet; thence continued along said southerly line of Lot 18, a distance of 177.42 feet along a compound curve, having a radius of 500.70 feet and a central angle of 20 degrees 18 minutes 08 seconds to the beginning of the line to be described; thence North 25 degrees 46 minutes 54 seconds West radial to said curve, a distance of 95.00 feet to the northerly line of said Lot 18 and there terminating. Line B: A line drawn from the most northerly comer of Lot 6, said Block 324 to a point on the north line of said Lot 18, said point being 126.51 feet west of the most easterly comer of said lot 18, as measured along the northerly line of said Lot 18 and there terminating. PAGE 2 OF 2 • 1 t CITY OF ST. LOUIS PARK 3259818 Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (612) 924-2525 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST LOUIS PARK ) The undersigned hereby certifies the following "CITY COUNCIL RESOLUTION" 1) The attached is — e and correct copy of the original Resolution • 00-011, . dopted February 7, 2000, and on file in the Office o e Crtv C rk 2) The City Council meeting was held upon due call and notice WITNESS 'my hand and the Seal of the City of St Louis Park NancyKrotlf Deputy City Clerk Date February 24, 2000 Q Q zz C �o CD ® w u Q ~U 16- Ci CF_ e L�1 C iJJ