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HomeMy WebLinkAbout01-066 - ADMIN Resolution - City Council - 2001/08/08RESOLUTION NO. 01-066 A RESOLUTION GRANTING A VARIANCE FROM SECTION 14:5-4.2(F)(6) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A FRONT YARD SETBACK OF 25.3 FEET INSTEAD OF THE REQUIRED 28.3 FEET FOR PROPERTY LOCATED IN THE R-1, SINGLE FAMILY DISTRICT, AT 3901 BASSWOOD ROAD. BE IT RESOLVED BY the City Council of St Louis Park, Minnesota FINDINGS 1 Robert Rappaport applied for a variance from Section 14.5-4.2(F)(6) of the Ordinance Code relating to zoning to permit a front yard setback of 25.3 feet instead of the required 28.3 feet for property in the "R-1" Single Family District at the following location, to - wit See attached Exhibit "A" 2 The Board of Zoning Appeals held a public hearing, received testimony from the public, discussed the application for a variance Case No 01 -24 -VAR and upon finding that the request did not satisfy the Ordinance necessary for granting a variance, approved a Resolution of Denial on a vote of 4-0. 3 On June 29, 2001, the applicant, Robert Rappaport, filed an appeal of this decision to the City Council 4 On Monday July 16, 2001, the City Council considered the appeal of Robert Rappaport of the Board of Zoning Appeals' decision 5 The Council 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. 6 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. 7 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. 8 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. Resolution No 01-066 -2- 9 The contents of Planning Case File 01 -24 -VAR are hereby entered into and made part of the public record and the record of decision of this case. 10. 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 front yard setback of 25.3 feet instead of the required 28 3 feet is granted based upon the findings set forth above. Reviewed for Administration Ado • - : s y the City Council August 8, 2001 City Manager Attest • C y Clerk Mayor 111, Resolution No. 01-066 EXHIBIT A LEGAL DESCRIPTION: All that part of Lots 4 and 5, Block 4, Basswood, according to the recorded plat thereof, and situate in Hennpin County, Minnesota; And That portion of Basswood Road adjacent thereto, vacated, described as follows: Commencing at the intersection of the South line of Basswood Road and the East line of the North Half of Section 31, Township 29 Range 24; thence Westerly along the South line of Basswood Road a distance of 90 feet, thence South and parallel to the East line of said Lot 5, to the the South line of said Lot 4; thence East along the Southerly line of said Lots 5 and 4 to the Southeast corner of said Lot 5; thence North along the East line of said Lot 5 and the same extended to the point of beginning. It is understood that said line referred to as the Southerly line of Basswood Road is described as a line drawn parallel with and distant 50 feet at right angles Southerly of the following described line: Commencing at the Southwest corner of Lot 10, Block 3, Basswood; thence Easterly along the •outherlY line of said Lot 10, 34.2 feet to the point of curve, said curve being the actual point of beginning of the line to be described; thence continuing Easterly on a tangential curve to the left with a radius of 2581.86 feet a distance of 260.9 feet more or less to the East line of Lot 6, Block 3, Basswood and there terminating. • z0 a) _+z m IV ?000 o4S, 0 z y m O g 0 —9 RESOLUTION NO. 01-066 ;34 25721 I 613 sa< 1 COPY A RESOLUTION GRANTING A VARIANCE FROM SECTION 14:5-4.2(F)(6) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A FRONT YARD SETBACK OF 25.3 FEET INSTEAD OF THE REQUIRED 28.3 FEET FOR PROPERTY LOCATED IN THE R-1, SINGLE FAMILY DISTRICT, AT 3901 BASSWOOD ROAD. BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS f • 1.Robert Rappaport' applied' for a variance from Section 14:5-4.2(F)(6) of the Ordinance Code relating to zoning to permit a front yard setback of 25.3 feet instead of the required 28.3 feet for property in the "R-1" Single Family District at the following location, to - wit: • See attached Exhibit "A" 2. The Board of Zoning Appeals held a public hearing, received testimony from the public, discussed the application for a variance Case No. 01 -24 -VAR and upon finding that the request did not satisfy the Ordinance necessary for granting a variance, approved a Resolution of Denial on a vote of 4-0. 3. On June 29, 2001, the applicant, Robert Rappaport, filed an appeal of this decision to the City Council. 4. On Monday July 16, 2001, the City Council considered the appeal of Robert Rappaport of the Board of Zoning Appeals' decision. 5. The Council shas considered the `effect of the proposed-vanupon '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 proposedhvariance-upon the Comprehensive Plan. r • • Resolution No. 01-066 -2- 6. 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. 7. 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. 8. 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. 9. The contents of Planning Case File 01 -24 -VAR are hereby entered into and made part of the public record and the record of decision of this case. 10. 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 vanance is granted. CONCLUSION The application for the vanance to perrmt a front yard setback of 25.3 feet instead of the required 28.3 feet is granted based upon the findings set forth above. 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. 01-066 adopted at the St. Louis Park City Council meeting held on August 8, 2001. WITNESS my hand and the Seal of the City of St. Louis Park this 13th day of August, 2001. Nancy J. S rot , Deputy City Clerk EXHIBIT A 11 Resolution No. 01-066 LEGAL DESCRIPTION: All that part of Lots 4 and 5, Block 4, Basswood, according to the recorded plat thereof, and situate in Hennpin County, Minnesota; And That portion of Basswood Road adjacent thereto, vacated, described as follows: Commehcing at the intersection of the South line of Basswood Road and the East line of the North Half of Section 31, Township 29 Range 24; thence Westerly along the South line of Basswood Road a distance of 90 feet; thence South and parallel to the East line of said Lot 5, to the the South line of said Lot 4; thence East along the Southerly line of said Lots 5 and 4 to the Southeast corner of said Lot 5; thence North along the East line of said Lot 5 and the same extended to the point of beginning. It is understood that said line referred to as the Southerly line of Basswood Road is described as a line drawn parallel with and distant 50 feet at right angles Southerly of the following described line: Commencing at the Southwest corner of Lot 10, Block 3, Basswood; thence Easterly along the Southerly line of said Lot 10, 34,2 feet to the point of curve, said curve being the actual point of • beginning of the line to be described; thence continuing Easterly on a tangential curve to the left with a radius of 2581.86 feet a distance of 260.9 feet more or less to the East line of Lot 6, Block 3, Basswood and there terminating. •