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HomeMy WebLinkAbout00-043 - ADMIN Resolution - City Council - 2000/04/17VARIANCE RESOLUTION NO. 00-043 A RESOLUTION GRANTING VARIANCE FROM SECTION 14:5-7 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT VARIANCES FOR CURB, GUTTER, PARKING, PARKING LOT DESIGN AND DISTANCE BETWEEN BUILDINGS FOR PROPERTY LOCATED IN THE RC MULTI -FAMILY RESIDENTIAL DISTRICT AT 2704-2768 LOUISIANA COURT AND 2740-2750 LOUISIANA AVENUE BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1 Project for Pride in Living has applied for a variance from Section 14.5-7.3 of the Ordinance Code relating to zoning to permit. a Reduced building to curb setback of as little as 4.15 feet instead of the required 15 feet, b Reduced distance between buildings to as little as 19.7 feet instead of the required average building heights; c Reduced drive aisle width for double parking rows as little as 59 5 feet instead of the required 61 feet; s d Reduced drive aisle width for single parking rows to 18 23 feet instead of the required 25 feet; • for property located in the RC Multi Family Residential District at the following location, to -wit Lots 1 through 14, Block 1, Louisiana Court (Torrens and Abstract) 2 On April 5, 2000 The Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of the variances on a vote of 4-0 with all Commissioners voting in the affirmative 3 The Planning Commission and City Council have 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. Resolution No 00-043 -2- 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 00 -19 -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 fails to commence the work on or before one year after the variance is granted. • CONCLUSION The application for the variances to permit: a. Reduced building to curb setback of as little as 4.15 feet instead of the required 15 feet; b. Reduced distance between buildings to as little as 19.7 feet instead of the required average building heights; c. Reduced drive aisle width for double parking rows as little as 59 5 feet instead of the required 61 feet; d. Reduced drive aisle width for single parking rows to 18.23 feet instead of the required 25 feet; is granted based upon the finding(s) set forth above and subject to the following conditions: • A. The site shall be developed, used and maintained in accordance with Official Exhibits A through D subject to approved plan changes through the final PUD process. B. Prior to final PUD consideration, applicant shall submit complete final PUD application materials. The applicant shall also include a detailed plan of the proposed alternative to curbing where curbing is impossible due to drainage concerns. Final PUD plans shall include a plan detailing proposed site features and proposed changes to building entrances C. Final PUD approval and development is contingent upon the developer meeting all conditions of final PUD approval and sale of 2704-2742 and 2754 Louisiana Court and 2740- 2750 Louisiana Avenue to Project for Pride in Living. D. Prior to any site work, the developer shall meet the following requirements: 1. Obtain administrative lot split to relocate lot lines so that proposed building will not encroach on lot line at 2717 Louisiana Court. Building setbacks shall be sufficient to meet Building Code requirements. 2. A copy of the Watershed District permit shall be forwarded to the City. 3. Any other necessary permits from other agencies shall be obtained. 4. Sign assent form and official exhibits. E Prior to issuance of any building permits, which may impose additional requirements, the 110 developer shall comply with the following: 1. Meet any Fire Department emergency access requirements for during construction. 2 Building materials samples to be submitted to and approved by City. Resolution No. 00-043 -3- F The following ordinance modifications and variances are subject to final PUD approval. 411 1. 236 parking stalls including 51 on -street parking on Louisiana Court 2. Reduced front building setbacks to 20 feet as noted on approved site plan. 3 Reduced rear yard building setbacks to as little as 19.5 feet as noted on approved site plan. 4 Reduced front yard parking setbacks to as little as 15.5 feet as shown on approved site plan 5. Reduced building to curb setback for 4.15 feet. 6. Reduced distance between buildings to 19.7 feet. 7 Reduced drive aisle width for double parking rows to 59.5 feet. 8. Reduced drive aisle width for single parking rows to 18 23 feet, with the condition that paved turnaround areas be installed at the ends of the two parking lots in the northwest corner of the site. G. A development shall be executed between the developer and the City and/or financial securities be provided to the City which covers at a minimum, sidewalk construction and maintenance and repair and cleaning of public streets. The development agreement shall also cite the approved ordinance modifications and variances Reviewed for Administration. • City -Man; - . "v74 ager Attest Cit Clerk Adopted by the City Council April 17, 20Q0 / f1 Mayo l CITY OF lb ST. LOUIS PARK • • Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (612) 924-252`5 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 a full, true and correct copy of the original Resolution No 00-043, adopted Apnl 17, 2000, and on file in the Office of the City Clerk 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 fC Nancy J Strfoith� Deputy City Clerk Date May 23, 2000 QPFhF OF Coiu'r hTC T)I—R J 11 I� cif' CO JU,i -5 Y<f 1 11: 33 ,7306096 Duplicate Filing Certificate o REC ,___OEPLIrY • • • w 0 m .2 c VARIANCE -I -1 r m CO 2 m o z MI m -AZ -n 0 0 iii om c -n r m K° O z O z zo n -n m c) m 0 - n 2 m 2 G) CI) -1 73 > 33 RESOLUTION NO. 00-043 PY COpy A RESOLUTION GRANTING VARIANCE FROM SECTION 14:5-7 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT VARIANCES FOR CURB, GUTTER, PARKING, PARKING LOT DESIGN AND DISTANCE BETWEEN BUILDINGS FOR PROPERTY LOCATED IN THE RC MULTI -FAMILY RESIDENTIAL DISTRICT AT 2704-2768 LOUISIANA COURT AND 2740-2750 LOUISIANA AVENUE BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Project for Pride in Living has applied for a variance from Section 14:5-7.3 of the Ordinance Code relating to zoning to permit: a. Reduced building to curb setback of as little as 4.15 feet instead of the required 15 feet; b. Reduced distance between buildings to as little as 19.7 feet instead of the required average building heights; c. Reduced dnve aisle width for double parking rows as little as 59.5 feet instead of the required 61 feet; d. Reduced dnve aisle width for single parking rows to 18.23 feet instead of the required 25 feet; for property located in the RC Multi Family Residential Distnct at the following location, to=wit:. Lots 1 through 14, Block 1, Louisiana Court (Torrens and Abstract) • 2. On Apnl 5, 2000 The Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of the variances on a vote of 4-0 with all Commissioners voting in the affirmative. 3 The Planning Commission and City Council have considered the effect of the proposed vanance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, nsk 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 vanance 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 distnct 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 00 -19 -VAR are hereby entered into and made part of the public heanng 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 fails to commence the work on or before one year after the variance is granted. CONCLUSION The application for the variances to permit: a. Reduced building to curb setback of as little as 4.15 feet instead of the required 15 feet; b Reduced distance between buildings to as little as 19.7 feet instead of the required average building heights; c. Reduced dnve aisle width for double parking rows as little as 59.5 feet instead of the required 61 feet; d. Reduced dnve aisle width for single parking rows to 18.23 feet instead of the required 25 feet; is granted based upon the finding(s) set forth above and subject to the following conditions: A. The site shall be developed, used and maintained in accordance with Official Exhibits A • through D subject to approved plan changes through the final PUD process. itB. Prior to final PUD consideration, applicant shall submit complete final PUD application materials. The applicant shall also include a detailed plan of the proposed alternative to curbing where curbing is impossible due to drainage concerns. Final PUD plans shall include a plan detailing proposed site features and proposed changes to building entrances. • C Final PUD approval and development is contingent upon the developer meeting all conditions of final PUD approval and sale of 2704-2742 and 2754 Louisiana Court and 2740- 2750 Louisiana Avenue to Project for Pride in Living. D. Pnor to any site work, the developer shall meet the following requirements: 1. Obtain administrative lot split to relocate lot lines so that proposed building will not encroach on lot line at 2717 Louisiana Court. Building setbacks shall be sufficient to meet Building Code requirements. 2. A copy of the Watershed District permit shall be forwarded to the City. 3. Any other necessary permits from other agencies shall be obtained. 4. Sign assent form and official exhibits. E. Pnor to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: 1. Meet any Fire Department emergency access requirements for during construction. 2. Building matenals samples to be submitted to and approved by City. F. The following ordinance modifications and vanances are subject to final PUD approval. 1. 236 parking stalls including 51 on -street parking on Louisiana Court. 2. Reduced front building setbacks to 20 feet as noted on approved site plan. 3. Reduced rear yard building setbacks to as little as 19.5 feet as noted on approved site plan. 4. Reduced front yard parking setbacks to as little as 15.5 feet as shown on approved site plan. 5. Reduced building to curb setback for 4.15 feet. 6. Reduced distance between buildings to 19.7 feet. 7. Reduced drive aisle width for double parking rows to 59.5 feet. 8. Reduced drive aisle width for single parking rows to 18.23 feet, with the condition that paved turnaround areas be installed at the ends of the two parking lots in the northwest corner of the site. G. A development shall be executed between the developer and the City and/or financial secunties be provided to the City which covers at a minimum, sidewalk construction and maintenance and repair and cleaning of public streets. The development agreement shall also cite the approved ordinance modifications and variances. Reviewed for Administration: STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST. LOUIS PARK ss Adopted by the City Council April 17, 2000 The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 00-043 adopted at the St. Louis Park City Council meeting held on April 17, 2001. WITNESS my hand and the Seal of the City of St. Louis Park this 10th day of July, 2001. ---Y/a44 Nancy J. Strih,"Deputy City Clerk