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HomeMy WebLinkAbout00-058 - ADMIN Resolution - City Council - 2000/05/011, VARIANCE RESOLUTION NO. 00-058 . A RESOLUTION GRANTING A VARIANCE FROM SECTION 14:5-4 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT VARIANCES IN BULDING HEIGHT AND BUFFERYARD REQUIREMENTS FOR PROPERTY LOCATED IN THE R-1 SINGLE FAMILY RESIDENTIAL DISTRICT AT 2501 SOUTH HIGHWAY 100 BE IT RESOLVED BY the City Council of St Louis Park, Minnesota FINDINGS 1 Benilde St Margaret School has applied for variances from Section 14.5-4 of the Ordinance Code relating to zoning to permit a building height of 35 feet instead of the required 30 feet for property located in the R-1 Single Family Residential District at the following location, to -wit That part of the South %2 of the Northwest 'Y4 of Section 31, Township 29, Range 24, lying East of the East line of State Highway Number 100, North of the south 330 feet thereof and West of the East 450 feet thereof, and the West 233 58 feet of the East 450 feet of the North 500 feet of the South %2 of the Northwest '/ of Section 31, Township 29, Range 24 EXCEPT: That part of the South 1/2 of the Northwest '/ of Section 31, Township 29, Range 24, lying East of State Highway No 100, North of the South 330 feet thereof and West of the East 450 feet hereof, which lies Southeasterly of a line run parallel with and distant 100 feet Southeasterly of the first following described line and Northwesterly of a line run parallel with and distant 20 feet Southeasterly of the second following descnbed Line Line 1 From a point on the North line of said Section 31 distant 1316 42 feet West of the North '/ corner thereof, run Southwesterly at an angle of 78 degrees 57 minutes 13 seconds with said North section line for 801 9 feet, thence deflect to the nght on a 1 degree 00 minutes curve (Delta Angle 9 degrees 04 minutes) for 906.7 feet, thence on tangent to said curve for 332 6 feet to the point of bpgirming of the line to be described, thence continue Southwesterly on the last described course for 194 8 feet, thence deflect to the left on a 1 degree 30 minutes curve (Delta Angle 21 degrees 58 minutes) for 1464 4 feet and there terminating, Line 2. From the point of beginning aline 1 described above, run Southeasterly at right angles with said line 1 for 71 feet to the point of beginning of the line to be descnbed; thence deflect to the nght at an angle of 90 degrees 00 minutes for 57.46 feet, thence deflect to the left on an 11 degrees 00 minutes curve (Delta Angle 22 degrees 34 minutes 06 seconds) for 205 17 feet; thence on tangent to said curve for 41 94 feet; thence deflect to the right on a 25 degrees 00 minutes curve (Delta Angle 39 degrees 35 minutes 12 seconds) for 158.35 feet, thence on tangent to said curve for 35.17 feet, thence deflect to the left on an 11 degree 00 minutes curve (Delta Angle 25 degrees 16 minutes 06 seconds) for 229 71 feet, thence on tangent to said curve for 100 feet and there terminating (Abstract) Resolution No 00-058 -2- 2 On April 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 00 -21 -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. CONCLUSION The application for a variance to permit a building height of 35 feet instead of the required 30 feet is granted based upon the finding(s) set forth above. Reviewed for Administration - City Manager • Adopted by' the ity- ouncil May 1, 2000 i Mayor / G � • • i OFFICE Or COUNTY RI -CORDER iE!+NLPIN COUNTY, 4 NNLSO T A t: r �Cii`1 00 JUN -6 306 00 C 4d7 r') ti co. REC. Duplicate Filing Certificate DEPUTY • • • • RESOLUTION NO. 00-058 A RESOLUTION GRANTING A VARIANCE FROM SECTION 14:5-4 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT VARIANCES IN BULDING HEIGHT AND BUFFERYARD REQUIREMENTS FOR PROPERTY LOCATED IN THE R-1 SINGLE FAMILY RESIDENTIAL DISTRICT AT 2501 SOUTH HIGHWAY 100 BE IT RESOLVED BY the City Council of St Louis Park, Minnesota FINDINGS 1 Benilde St Margaret School has applied for variances from Section 14 5-4 of the Ordinance Code relating to zoning to permit a building height of 35 feet instead of the required 30 feet for property located in the R-1 Single Family Residential District at the following location, to -wit That part of the South '/Z of the Northwest 1/4 of Section 31, Township 29, Range 24, lying East of the East line of State Highway Number 100, North of the south 330 feet thereof and West of the East 450 feet thereof, and the West 233 58 feet of the East 450 feet of the North 500 feet of the South '/2 of the Northwest '/4 of Section 31, Township 29, Range 24 EXCEPT That part of the South 1/2 of the Northwest 1/4 of Section 31, Township 29, Range 24, lying East of State Highway No 100, North of the South 330 feet thereof and West of the East 450 feet hereof, which hes Southeasterly of a line run parallel with and distant 100 feet Southeasterly of the first following descnbed line and Northwesterly of a Ime run parallel with and distant 20 feet Southeasterly of the second following descnbed line Line 1 From a point on the North hne of said Section 31 distant 1316 42 feet West of the North i/4 corner thereof, run Southwesterly at an angle of 78 degrees 57 minutes 13 seconds with said North section line for 801 9 feet, thence deflect to the right on a 1 degree 00 minutes curve (Delta Angle 9 degrees 04 minutes) for 906 7 feet, thence on tangent to said curve for 332 6 feet to the point of beginning of the line to be descnbed, thence continue Southwesterly on the last descnbed course for 194 8 feet, thence deflect to the left on a 1 degree 30 minutes curve (Delta Angle 21 degrees 58 minutes) for 1464 4 feet and there terminating, Line 2 From the point of beginning of line 1 described above, run Southeasterly at nght angles with said line 1 for 71 feet to the point of beginning of the line to be descnbed, thence deflect to the nght at an angle of 90 degrees 00 minutes for 57 46 feet, thence deflect to the left on an 11 degrees 00 minutes curve (Delta Angle 22 degrees 34 minutes 06 seconds) for 205 17 feet, thence on tangent to said curve for 41 94 feet, thence deflect to the right on a 25 degrees 00 minutes curve (Delta Angle 39 degrees 35 minutes 12 seconds) for 158 35 feet, thence on tangent to said curve for 35 17 feet, thence deflect to the left on an 11 degree 00 minutes curve (Delta Angle 25 degrees 16 minutes 06 seconds) for 229 71 feet, thence on tangent to said curve for 100 feet and there terminating (Abstract) Resolution No 00-058 -2- 2 On April 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 00 -21 -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 CONCLUSION The application for a variance to permit a building height of 35 feet instead of the required 30 feet is granted based upon the finding(s) set forth above Reviewed for Administration Adopted by the . ity- . ouncil May 1, 2000 Mayo