Loading...
HomeMy WebLinkAbout01-006 - ADMIN Resolution - City Council - 2001/01/16• VARIANCE RESOLUTION NO. 01-006 A RESOLUTION GRANTING A VARIANCE FROM SECTION 14:6-4 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A REDUCED BUFFERYARD FOR PROPERTY LOCATED IN THE R-4 MULTIPLE FAMILY RESIDENTIAL DISTRICT AT 7100-7102 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. MM Home Builders, Inc., Richard Lewandowski and Lelainia J. Lewandowski; and Richard J. Lentner (Edina Development Company) have applied for a vanance from Section 14:6-4 of the Ordinance Code relating to zoning to permit a reduced bufferyard as shown on the approved landscape plan instead of the required Bufferyard B along the east lot line for property located in the R-4 Multiple Family Residential Distnct at the following location, to -wit: Lots 1-10 inclusive, Block 1; Lots 1-8 inclusive, Block 2; Lots 1-6 inclusive, Block 3; Lots 1-6 inclusive, Block 4; Lots 1-8 inclusive, Block 5; Outlot A; and Outlot B; Excelsior Townhomes (Torrens) • 2. On October 4, 2000, the Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of a variance on a 3-2 vote 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 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 i 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. Resolution No. 01-006 -2- 7. The contents of Planning Case File 00 -46 -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 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 reduced bufferyard as shown on the Approved Landscape plan instead of the required Bufferyard B on the east lot line is granted based upon the finding(s) set forth above. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Ado ste. by the City Council January 16, 2001 / / Attest ty Clerk 00-046-var/N/res/ord A r VARIANCE m 0 z m ▪ z • --=r1oo iTt - n m • r- - Cr) ()in 0 0 -11 3396295 m rn 0 n m 0 D D RESOLUTION NO. 01-006 • A RESOLUTION GRANTING A VARIANCE FROM SECTION 14:6-4 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A. REDUCED BUFFERYARD FOR PROPERTY LOCATED IN THE R-4 MULTIPLE FAMILY RESIDENTIAL DISTRICT AT 7100-7102 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. MM Home Builders, Inc., Richard Lewandowski and Lelainia J. Lewandowski; and Richard J. Lentner (Edina Development Company) have applied for a variance from Section 14:6-4 of the Ordinance Code relating to zoning to permit a reduced bufferyard as shown on the approved landscape plan instead of the required Bufferyard B along the east lot line for property located in the R-4 Multiple Family Residential District at the following location, to -wit: Lots 1-10 inclusive, Block 1; Lots 1-8 inclusive, Block 2; Lots 1-6 inclusive, Block 3; Lots 1-6 inclusive, Block 4; Lots 1-8 inclusive, Block 5; Outlot A; and Outlot B; Excelsior Townhomes (Torrens) 2. On October 4,2000, the Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of a vanance on a 3-2 vote. Resolution No. 01-006 -2- 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. 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 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 -46 -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 the variance to permit a reduced bufferyard as shown on the Approved Landscape plan instead of the required Bufferyard B on the east lot line is granted based upon the finding(s) set forth above. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. • Resolution No. 01-006 -3- STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) 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. 01-006 adopted at the St. Louis Park City Council meeting held on January 16, 2001. WITNESS my hand and the Seal of the City of St. Louis Park this 30th day of April, 2001. '16141 Nancy J. Streputy City Clerk