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HomeMy WebLinkAbout01-128 - ADMIN Resolution - City Council - 2001/11/05• RESOLUTION NO. 01-128 VARIANCE A RESOLUTION GRANTING A VARIANCE FROM SECTION 14:6-4.6 OF THE ORDINANCE CODE RELATING TO ZONING TO ELIMINATE A LANDSCAPE BUFFERYARD ON THE SOUTH SIDE OF PROPERTY LOCATED IN THE I -P INDUSTRIAL PARK DISTRICT AT 2201 EDGEWOOD AVENUE SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota. FINDINGS 1. Northern States Power Company, d/b/a Xcel Energy, has applied for a variance from Section 14:6-4.6 of the Ordinance Code relating to zoning to eliminate a required landscape bufferyard E on the south side of property located in the I -P Distnct, at 2201 Edgewood Avenue South at the following location, to -wit: Tract A, Registered Land Survey No. 916, Files of the Registrar of Titles, County of Hennepin, except that part thereof which lies south of a line parallel with and 451 51 feet north of the south line of said Tract A (Cedar Lake Road and Edgewood Avenue) III 2. On October 17, 2001, the Planning Commission held a public hearing, received testimony from the public, discussed the application and upon finding that the request did not satisfy the Ordinance necessary for granting a variance, approved a motion recommending denial of the variance request. 3 The City 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. 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. Resolution No. 01-128 -2- 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 01 -50 -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 vanance is granted. CONCLUSION The application for the variance to eliminate a landscape bufferyard E on the south side of the property is granted based upon the finding(s) set forth above and subject to the following condition of approval. 1. A wooden pnvacy fence shall be constructed along the south property line as mitigation for the elimination of the landscape bufferyard. 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: Adopteby the City Council November 5, 2001 Attest: 5,,....-_-,_.---z,, . II -A -A---/---1-- yClerk v Clerk Mayor • VARIANCE 3474805 A • ‘' • "; 3 RESOLUTION NO. 01-128 COpy A RESOLUTION GRANTING A VARIANCE FROM SECTION 14:6-4.6 OF THE ORDINANCE CODE RELATING TO ZONING TO ELIMINATE A LANDSCAPE • BUFFERYARD ON THE SOUTH SIDE OF PROPERTY LOCATED IN THE I -P INDUSTRIAL PARK DISTRICT AT 2201 EDGEWOOD AVENUE SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Northern States Power Company, d/b/a Xcel Energy, has applied for a variance from Section 14:6-4.6 of the Ordinance Code relating to zoning to eliminate a required landscape bufferyard E on the south side of property located in the I -P District, at 2201 Edgewood Avenue South at the following location, to -wit: Tract A, Registered Land Survey No. 916, Files of the Registrar of Titles, County of Hennepin, except that part thereof which lies south of a line parallel with and 451.51 feet north of the south line of said Tract A (Cedar Lake Road and Edgewood Avenue) 2. - On October 17, 2001, the Planning Commission held a public hearing, received testimony from the public, discussed the application and -upon finding that the request did not satisfy . ; the Ordinance necessary for granting a variance, approved a motion recommending -denial - of the variance request , / Resolution No. 01-128 -2- 3. The City 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. 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 01 -50 -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 vanance is granted. CONCLUSION The application for the variance to eliminate a landscape bufferyard E on the south side of the property is granted based upon the finding(s) set forth above and subject to the following condition of approval: 1. A wooden privacy fence shall be constructed along the south property line as mitigation for the elimination of the landscape bufferyard. 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. 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 onginal Resolution No. 01-128 adopted at the St. Louis Park City Council meeting held on November 5, 2001. WITNESS my hand and the Seal of the City of St. Louis Park this 5th day of December, 2001. lari' Nancy J. Stroth, Deputy City Clerk