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HomeMy WebLinkAbout01-088 - ADMIN Resolution - City Council - 2001/09/04• RESOLUTION NO. 01-088 RESOLUTION GRANTING VARIANCES FROM SECTIONS 14:5-4.2 F(1) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A 44 -FOOT HIGH CLASSROOM ADDITION AND A 54 -FOOT HIGH EXISTING AUDITORIUM FOR PROPERTY LOCATED IN THE R-1 DISTRICT AT 4326 SOUTH CEDAR LAKE ROAD 4330 SOUTH CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of St Louis Park. Findings 1. The Jewish Community Center has applied for variances from Section 14:5-4.2 F(1) of the Ordinance Code relating to zoning to permit a 44 -foot high classroom addition and 54 -foot high existing auditorium instead of the required 30 -foot height regulation for property located in the R-1 District at the following location, to -wit: See Attached Exhibit "A" 2 On August 1, 2001 Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of variances. 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 arc peculiar to such property or immediately adjoining property arid do not apply generally to other land or structures in the district in which such land is located. III 6. The granting of the application is necessary for the preservation and enjoyment of a substantial pioperty 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. 01-088 -2- 7 Approval of building height variance from 30 feet to 44 feet is recommended for the new addition and from 30 feet to 54 feet for the existing auditonum in accordance of the following Findings of Fact: a. The existing building at 54 feet is higher than the proposed addition. b. The addition and existing auditonum will not impair the light or air supply to the surrounding properties. c. The building is over 200 feet from the nearest residential home. d. Although educational facilities are permitted uses in the R-1 zoning distnct, it is hard to accommodate all of the residential restnctions and performance standards and still meet the functional needs of the school. Three-story school.buildings and taller auditonums are very common in St. Louis Park. 8. The contents of Planning Case File 01 -36 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. 9. 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 vanance is granted. CONCLUSION The application for the variance to permit a 44 -foot high classroom addition and the 54 -foot existing auditonum in the R-1 Zoning Distnct 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: ed he City Council September 4, 2001 Attest City Clerk M EXI-fIBI f A — LEGAL DESCRIPTION CASES 01-34-Z, 01-35-S, 01 -36 -VAR Resolution No. 01-088 0 Par 1 That tract of land Tying and being East of a line drawn perpendicular to the North hne of the South 1/2 of the Southeast Quarter of Section 30, Township 29, Range 24 commencing from a point in said north line distant 1040 0 feet East of the Northwest corner of said South 1/2 of the Southeast Quarter in Section 30, Township 29, Range 24 and ex:ended thence Southerly to the North line of Cedar Lake Road contained within the following described parcel of land, to -wit Commencing at tne Northwest corner of the South 1/2 of the Southeast Quarter of Section 30, Township 29, Range 24, thence East to the Northeast corner thereof, thence South to the Northerly line of the Great Northern Railroad right -of way, tnence Southwesterly along the same to a point 872 feet Northeasterly measured along the Northerly line of said nght-of-way from the Southeasterly corner of Tract D of Registered Land Survey No 1228, thence at right angles Northwesterly 190 feet, thence Southwesterly parallel with the Northerly line of said right-of-way 793 08 feet, thence Northwesterly making an angle to the right of 72 degrees, 42 minutes a distance of 162 4 feet, thence Westerly making an angle to the lent or 56 degrees and no minutes a Distance of 174 9 feet, thence making an angle to the left 90 cegrees and no minutes a aistant of 200 feet to the Northerly line of Cedar Lake Road, thence Easterly and Southerly along the Northerly and Easterly line of said road 293 68 feet to the Northerly line of said right-of-way, thence Southwesterly along the Northerly line of said right-of-way to the West line of the Southeast Quarter; thence North to oeginning Except that part thereof described as follows All that part or the Southeast Quarter of the Soutneast Quarter of Section 30, Township 29, Range 24, described as follows Commencing at the intersection of the Easterly line of existing Cedar Lake Road which has a 66 foot right of way and the Northerly right of way line of Great Northern Railroad; thence Northeasterly along the Northerly line of said railroad ngnt of way a distance of 872 0 feet to the actual point of beginning of the tract of land to be described, thence deflecting to the ler: 90 degrees no minutes a distance of 190 feet, thence deflecting to the right 90 degress no minutes, parallel with tne Northerty line of said ngnt of '.vay, a distance or 499 22 feet, more or less, thence deflecting to the lert 37 degrees and 3 minutes a distance of 434 92 feet more or less, to a point in the North line of the Southeast Quarter of the Southeast Quarter of said Section 30, distant 33 0 feet West from the Northeast corner thereof, thence East along a said North line a distance of 33 0 feet to the Northeast corner of said Southeast Quarter of the Southeast Quarter of IDSection 30, thence South along tr.e East line or Section 30, Townsnip 29, Range 24, a distance of 460 1 feet more or less, to the Northerly right of way line of the Great Northern Railroad, tnence Southwesterly along said Northerly right of way line, a distarce of 734 09 feet to the actual point of beginning, as reformed in Torrens case No 19848 (See Order Doc No 2439393) Par 2 Tract 0, Registered Land Survey No 1228 Par 3 The Southeasterly 60 feet of that part of the South Half of the Southeast Quarter of Section 30, Township 29, Range 24 described as commencing at the Southeasterly corner of Tract D. Registered Land Survey No 1228, thence Northeasterly along the Northwesterly nght-of-way line of the Burlington Northern Railroad, a distance of 872 feet, thence Northwesterly at a right angle 190 feet, thence Southwesterly at a right angle 793 08 feet to the point of beginninc, thence Northwesterly deflecting to the right 72 degrees 42 minutes a distance of 162 4 feet, thence Westerly deflecting to the left 56 degrees, a distance or 174.9 feet , thence Southerly at a right angle 171 98 feet to the Southeast corner of Tract C, Recistered Land Survey Nc 1228; thence Easterly to the point of beginning Sucejct to a perpetual easement for the benefit of the adjoining land for ingress and egress and roadway purposes, and fo rthe purpose of installing electncal, water, telephone and sewer pipes and lines for the purpose of obtaining the use of water, gas, sewer, electricity and telephone services, as shown in deed Doc No 1009378, (as to land in Par 2) Suoject to an easement in favor of the County of Hennepin for the construction of slopes over the Southwesterly portion of the aoove-decnoed land as set forth ;n Final Certificate, filed for record in CR Book 1984 of Deeds, page 441, Doc No 2852159, (as to land in Par 3) Suoject to a private right -of -way easement over the Sou'heasterly portion of the above -described lands as more specifically set fortn in Deed Fled for record in CR Book 1642 of Deeds page 121 Doc No 2275080 for the benefit of adjoining iands to the Northeast and South, (See Order Doc No 2439398) (as to land in Par 3) Suoject to a private easement for ingress and egress and roadway purposes for the benefit of the adjoining land to the North and for the oenent of all lands in Registered Land Survey No 1223 as set forth in CR Book 2465 of Deeds, page 507, Dcc No 3506569 (as to land in Par 3) Son,ect to an easement for sewer purposes in favor of the City of St Louis Park, Minnesota over the Easterly 10 Leet of I,he land cescnbec in Far 3 as eetermined in Torrens Case No 198,18, Cubject to a perpetual easement ror the benefit of the adjoining land for ingress and egress and roadway purposes, and rot the purpose of .nstalling electrical water, telephone and ;;ewer pipes and lines for the purpose of obtaining the use of water gas, sewer elec:rcity and telephone services, as shown in deed Doc No 1009378, (as to land in Par 2) 3435497 -< m 33 331 q 0 m CD m --1 Z m cn moos COPY RESOLUTION NO. 01-088 RESOLUTION GRANTING VARIANCES FROM SECTIONS 14:5-4.2 F(1) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A 44 -FOOT HIGH CLASSROOM ADDITION AND A 54 -FOOT HIGH EXISTING AUDITORIUM FOR PROPERTY LOCATED IN THE R-1 DISTRICT AT 4326 SOUTH CEDAR LAKE ROAD 4330 SOUTH CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. The Jewish Community Center has applied for variances from Section 14:5-4.2 F(1) of the Ordinance Code relating to zoning to permit a 44 -foot high classroom addition and 54 -foot high existing auditorium instead of the required 30 -foot height regulation for property located in the R-1 District at the following location, to -wit: See Attached Exhibit "A" 2. On August 1, 2001 Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of variances. 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. Resolution No. 01-088 -2110 - 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. Approval of building height variance from 30 feet to 44 feet is recommended for the new addition and from 30 feet to 54 feet for the existing auditorium in accordance of the following Findings of Fact: a. The existing building at 54 feet is higher than the proposed addition. b. The addition and existing auditorium will not impair the light or air supply to the surrounding properties. c. The building is over 200 feet from the nearest residential home. d. Although educational facilities are permitted uses in the R-1 zoning district, it is hard to accommodate all of the residential restrictions and performance standards and still meet the functional needs of the school. Three-story school buildings and taller auditoriums are very common in St. Louis Park. 8. The contents of Planning Case File 01 -36 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. 9. 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 44 -foot high classroom addition and the 54 -foot existing auditorium in the R-1 Zoning District 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. 01-088 -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. 01-088 adopted at the St. Louis Park City Council meeting held on September 4, 2001. WITNESS my hand and the Seal of the City of St. Louis Park this 12th day of September, 2001. om► 6(4 .4dtt1476, Nancy J. StrotH, Deputy City Clerk • • Resolution No. 01-088 EXHIBIT A - LEGAL DESCRIPTION CASES 01-34-Z, 01-35-S, 01 -36 -VAR Par 1 That tract of land Tying and being East of a line drawn perpendicular to the North line of the South 1/2 of the Southeast Quarter of Section 30, Township 29, Range 24 commencing from a point in said north line distant 1040 0 feet East of the Northwest corner of said South 1/2 of the Southeast Quarter in Section 30, Township 29, Range 24 and extended thence Southerly to the North line of Cedar Lake Road contained within the following described parcel of land, to -wit. Commencing at the Northwest corner of the South 1/2 of the Southeast Quarter of Section 30, Township 29, Range 24; thence East to the Northeast corner thereof; thence South to the Northerly line of the Great Northem Railroad nght-of way, thence Southwesterly along the same to a point 872 feet Northeasterly measured along the Northerly line of said nght-of-way from the Southeasterly corner of.iisact D of Registered Land Survey No 1228, thence at nght angles Northwesterly 190 feet; thence Southwesterly parallel with the Northerly line of said right-of-way 793.08 feet; thence Northwesterly making an angle to the nght of 72 degrees, 42 minutes a distance of 162 4 feet; thence Westerly making an angle to the left of 56 degrees and no minutes a distance of 174 9 feet; thence making an angle to the left 90 degrees and no minutes a distant of 200 feet to the Northerly line of Cedar Lake Road; thence Easterly and Southerly along the Northerly and Easterly line of said road 293 68 feet to the Northerly line of said nght-of-way, thence Southwesterly along the Northerly line of said right-of-way to the West line of the Southeast Quarter, thence North to beginning Except that part thereof descnbed as follows All that part of the Southeast Quarter of the Southeast Quarter of Section 30, Township 29, Range 24, described as follows: Commencing at the intersection of the Easterly line of existing Cedar Lake Road which has a 66 foot nght of way and the Northerly nght of way line of Great Northern Railroad; thence Northeasterly along the Northerly line of said railroad nght of way a distance of 872 0 feet to the actual point of beginning of the tract of land to be descnbed; thence deflecting to the left 90 degrees no minutes a distance of 190 feet, thence deflecting to the right 90 degress no minutes, parallel with the Northerly line of said right of way, a distance of 499 22 feet, more or less, thence deflecting to the left 37 degrees and 3 minutes a distance of 434 92 feet, more or less, to a point in the North line of the Southeast Quarter of the Southeast Quarter of said Section 30, distant 33 0 feet West from the Northeast comer thereof; thence East along a said North line a distance of 33 0 feet to the Northeast comer of said Southeast Quarter of the Southeast Quarter of Section 30, thence South along the East line of Section 30, Township 29, Range 24, a distance of 460 1 feet more or less, to the Northerly right of way line of the Great Northem Railroad, thence Southwesterly along said Northerly nght of way Zine, a distance of 754 09 feet to the actual point of beginning, as reformed in Torrens case No 19848 (See Order Doc No 2439398) Par 2. Tract C, Registered Land Survey No. 1228 Par 3' The Southeasterly 60 feet of that part of the South Half of the Southeast Quarter of Section 30, Township 29, Range 24 descnbed as commencing at the Southeasterly corner of Tract D, Registered Land Survey No 1228; thence Northeasterly along the Northwesterly right-of-way line of the Burlington Northern Railroad, a distance of 872 feet; thence Northwesterly at a nght angle 190 feet; thence Southwesterly at a nght angle 793.08 feet to the point of beginning; thence Northwesterly deflecting to the right 72 degrees 42 minutes a distance of 162 4 feet; thence Westerly deflecting to the left 56 degrees, a distance of 174.9 feet , thence Southerly at a right angle 171 98 feet to the Southeast corner of Tract C, Registered Land Survey No 1228; thence Easterly to the point of beginning. Subelct to a perpetual easement for the benefit of the adjoining land for ingress and egress and roadway purposes, and fo rthe purpose of installing electncal, water, telephone and sewer pipes and lines for the purpose of obtaining the use of water, gas, sewer, electricity and telephone services, as shown in deed Doc No 1009378; (as to land in Par 2) Subject to an easement in favor of the County of Hennepin for the construction of slopes over the Southwesterly portion of the above-decribed land as set forth in Final Certificate, filed for record in CR Book 1984 of Deeds, page 441, Doc No 2852159; (as to land in Par 3) Subject to a private right -of -way easement over the Southeasterly portion of the above -described lands as more specifically set forth in Deed filed for record in CR Book 1642 of Deeds, page 121 Doc No 2275080 for the benefit of adjoining lands to the Northeast and South, (See Order Doc No 2439398) (as to land in Par 3) Subject to a private easement for ingress and egress and roadway purposes for the benefit of the adjoining land to the North and for the benefit of all lands in Registered Land Survey No 1228 as set forth in CR Book 2465 of Deeds, page 507, Doc No 3506969, (as to land in Par 3) Subject to an easement for sewer purposes in favor of the City of St Louis Park, Minnesota over the Easterly 10 feet of the land described in Par 3 as determined in Torrens Case No 19848. Subject to a perpetual easement for the benefit of the adjoining land for ingress and egress and roadway purposes, and for the purpose of installing electrical, water, telephone and sewer pipes and lines for the purpose of obtaining the use of water, gas, sewer, electncity and telephone services, as shown in deed Doc No 1009378, (as to land in Par 2) 1 of$