Loading...
HomeMy WebLinkAbout00-080 - ADMIN Resolution - City Council - 2000/07/05RESOLUTION NO. 00-080 A RESOLUTION GRANTING VARIANCES FROM SECTIONS 14:6-1 and 14:6-4 OF IIITHE ORDINANCE CODE RELATING TO ZONING TO PERMIT A STACKED PARKING CONFIGURATION AND REDUCED BUFFERYARDS FOR PROPERTY LOCATED IN THE R -C HIGH DENSITY RESIDENTIAL DISTRICT SOUTH OF 36TH STREET AND EAST OF PHILLIPS PARKWAY • BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. David A. Hornig has applied for variances from Sections 14:6-1 and 14.6-4 of the Ordinance Code relating to zoning to permit a stacked parking configuration, and reduced bufferyards along the south and east property lines for property located in the R -C High Density Residential Distnct at the following location, to -wit: All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 foot wide Hopkins to Hopkins Jct., Minnesota Branch Line Right -of -Way, including improvements, if any, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the Southwest Quarter of Section 18, Township 117 North, Range 21 West, Hennepin County, Minnesota bounded on the North by the Southeasterly extension of the Northeasterly boundary line of The Federation Addition, according to the recorded plat thereof, Hennepin County, Minnesota, and bounded on the South by the following described line: Commencing at the Southeast corner of said Southwest quarter of Section 18; thence South 89 degrees 04 minutes 39 seconds West, assumed beanng, a distance of 1086.15 feet, along the south line of said Southwest Quarter, to an intersection with the Easterly line of said Burlington Northern Railroad Company's discontinued 100 foot nght-of-way; thence North 20 degrees 49 minutes 09 seconds East, a distance of 224.00 feet along said Easterly line to the point of beginning of the line to be descnbed; thence North 69 degrees 10 minutes 51 seconds West a distance of 44.73 feet; thence South 32 degrees 38 minutes 56 seconds West a distance of 269.61 feet to the intersection of said South line of the Southwest Quarter of Section 18 and the Westerly line of said discontinued nght- of-way and said line there terminating. (Abstract) 2. On June 7, 2000 The Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of a vanance 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 vanance upon the Comprehensive Plan. Resolution No. 00-080 -2- 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 district in which such land is located. 6. 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. 7. The contents of Planning Case File 00 -33 -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 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 variances to permit a stacked parking configuration and reduced bufferyards along the south and east property lines are granted based upon the finding(s) set forth above and subject to the following conditions: • • 1. Approval of the vanance is subject to approval of a final PUD and the developer meeting all conditions of final PUD approval. 2. The site shall be used, developed and maintained in accordance with the official exhibits, subject to further plan revisions through the PUD process. 3. Pnor to any site work, the applicant shall meet the following conditions: a. Obtain an erosion control permit from the City. b. Submit a copy of the Watershed Distnct permit if required. c. Submit a Letter of Credit covenng 125% of the cost of: on-site tree replacement, sidewalk installation, east -west pedestnan connection, repair and cleaning of public streets, and any utility work within public right of way. d. Provide cash in lieu of off-site tree replacement. The final cash amount shall be based on the number of caliber inches to be replaced off-site and shall be approved by the Park and Recreation Director and the Community Development Director. e. A Development Agreement is to be executed between the developer and the City covenng, at a minimum, plan changes which may be administratively approved, sidewalk installation, and shall cite approved ordinance modifications. f. Easement for east -west pedestnan connection. III g. Reimbursement of attorney's fees for drafting and reviewing above documents. Resolution No. 00-080 -3- 4 Pnor to issuance of any building permits, which may impose additional requirements, the III applicant shall meet the following conditions: a. Submit and have approved retaining wall and sidewalk construction details. b. Submit and have approved lighting plans. c. Submit and have approved building matenal samples and fence design details. d. Sign the assent forms and all official exhibits, including the approved plans, elevations, details, and matenals samples. e. Submit evidence of recording of crossing easement. f. Submit and have approved tot lot details or evidence of senior only designation. 5 Pnor to issuance of a Certificate of Occupancy, the developer shall meet the following conditions: a. Install a 5 -foot concrete sidewalk along the south side of 36th Street per the approved site plan and construction details, to be constructed and maintained at the developer's expense. b. Install east -west pedestrian crossing per approved site plan and construction details, to be constructed and maintained at developer's expense. c. Install a tot lot, unless the project is designated as seniors only. 6. The following ordinance modifications are approved as part of the PUD: a. A 10 -foot building setback along Phillips Parkway is approved rather than the required 15 -foot setback. b. A 10 -foot parking area setback along Phillips Parkway is approved rather than the required 15 -foot setback. • Reviewed for Administration. AA1A ity Manager Attest: Ci(y Clerk AdTteil by he City Council July 5, 2000 /f �` , l� Mayo JP • RESOLUTION NO. 00-080 A RESOLUTION GRANTING VARIANCES FROM SECTIONS 14:6-1 and 14:6-4 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A STACKED PARKING CONFIGURATION AND REDUCED BUFFERYARDS FOR PROPERTY LOCATED IN THE R -C HIGH DENSITY RESIDENTIAL DISTRICT SOUTH OF 36TH STREET AND EAST OF PHILLIPS PARKWAY BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. David A. Hornig has applied for variances from Sections 14:6-1 and 14:6-4 of the Ordinance Code relating to zoning to permit a stacked parking configuration, and reduced bufferyards along the south and east property lines for property located in the R -C High Density Residential District at the following location, to -wit: All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 foot wide Hopkins to Hopkins Jct., Minnesota Branch Line Right -of -Way, including improvements, if any, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the Southwest Quarter of Section 18, Township 117 North, Range 21 West, Hennepin County, Minnesota bounded on the North by the Southeasterly extension of the Northeasterly boundary line of The Federation Addition, according to the recorded plat thereof, Hennepin County, Minnesota, and bounded on the South by the following described line: Commencing at the Southeast corner of said Southwest quarter of Section 18; thence South 89 degrees 04 minutes 39 seconds West, assumed bearing, a distance of 1086.15 feet, along the south line of said Southwest Quarter, to an intersection with the Easterly line of said Burlington Northern Railroad Company's discontinued 100 foot nght-of-way; thence North 20 degrees 49 minutes 09 seconds East, a distance of 224.00 feet along said Easterly line to the point of beginning of the line to be described; thence North 69 degrees 10 minutes 51 seconds West a distance of 44.73 feet; thence South 32 degrees 38 minutes 56 seconds West a distance of 269.61 feet to the intersection of said South line of the Southwest Quarter of Section 18 and the Westerly line of said discontinued right- of-way and said line there terminating. (Abstract) 2. On June 7, 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 vanance upon the Comprehensive Plan. t Resolution No. 00-080 -2- 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 -33 -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 variances to permit a stacked parking configuration and reduced bufferyards along the south and east property lines are granted based upon the finding(s) set forth above and subject to the following conditions: 1. Approval of the variance is subject to approval of a final PUD and the developer meeting all conditions of final PUD approval. 2. The site shall be used, developed and maintained in accordance with the official exhibits, subject to further plan revisions through the PUD process. 3. Prior to any site work, the applicant shall meet the following conditions: a. Obtain an erosion control permit from the City. b. Submit a copy of the Watershed District permit if required. c. Submit a Letter of Credit covering 125% of the cost of: on-site tree replacement, sidewalk installation, east -west pedestrian connection, repair and cleaning of public streets, and any utility work within public right of way. d. Provide cash in lieu of off-site tree replacement. The final cash amount shall be based on the number of caliber inches to be replaced off-site and shall be approved by the Park and Recreation Director and the Community Development Director. e. A Development Agreement is to be executed between the developer and the City covering, at a minimum, plan changes which may be administratively approved, sidewalk installation, and shall cite approved ordinance modifications. f. Easement for east -west pedestrian connection. g. Reimbursement of attorney's fees for drafting and reviewing above documents. 1 Resolution No. 00-080 -3- 4. Prior to issuance of any building permits, which may impose additional requirements, the applicant shall meet the following conditions: a. Submit and have approved retaining wall and sidewalk construction details. b. Submit and have approved lighting plans. - - c. Submit and have approved building material samples and fence design details. d. Sign the assent forms and all official exhibits, including the approved plans, elevations, details, and matenals samples. e. Submit evidence of recording of crossing easement. f. Submit and have approved tot lot details or evidence of senior only designation. 5. Prior to issuance of a Certificate of Occupancy, the developer shall meet the following conditions: a. Install a 5 -foot concrete sidewalk along the south side of 36th Street per the approved site plan and construction details, to be constructed and maintained at the developer's expense. b. Install east -west pedestrian crossing per approved site plan and construction details, to be constructed and maintained at developer's expense. c. Install a tot lot, unless the project is designated as seniors only. 6. The following ordinance modifications are approved as part of the PUD: a. A 10 -foot building setback along Philips Parkway is approved rather than the required 15 -foot setback. b. A 10 -foot parking area setback along Phillips Parkway is approved rather than the required 15 -foot setback. Reviewed for Administration: 4!/ ity Manager Attest: Ci y Clerk Adopted by e City Council July 5, 2000 Mayo OFFICE OF rCoNTY RECORDER HEHHCPIH COUNTY, MiNNESO1A CERTIF I TFItED IiDE0 AkD OR 00 DEC 14 A 11 8:58 ,rl� jc�lr REC Y Duplicate Filing Certificate �1