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HomeMy WebLinkAbout02-048 - ADMIN Resolution - City Council - 2002/05/06VARIANCE RESOLUTION NO. 02-048 A RESOLUTION OF DENIAL REGARDING THE APPLICATION OF ABRA AUTO BODY FOR A VARIANCE FROM THE REQUIREMENTS OF SECTION 36- 244(C)(7)(B) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT AN AUTO BODY/PAINTING FACILITY WITHIN APPROXIMATELY 235 FEET OF A RESIDENTIALLY -ZONED PARCEL INSTEAD OF THE REQUIRED 300 FEET ON THE PROPERTY LOCATED IN THE "I -G" GENERAL INDUSTRIAL DISTRICT, AT 5925 STATE HIGHWAY 7. BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota FINDINGS 1. On February 28, 2002, ABRA Auto Body filed an application seeking a variance to permit an auto body/painting facility within approximately 235 feet of a residentially - zoned parcel instead of the required 300 feet on the property located in the I -G General Industrial District, at 5925 State Highway 7 for the following legal description, to wit. See Attached Exhibit "A" 2. On Apnl 2, 2002, the Board of Zoning Appeals held a public hearing, received testimony from the public, discussed the application and approved a resolution of approval. 3 On April 10, 2002, staff received an appeal of the Board of Zoning Appeals' decision to the City Council 4. On May 6, 2002, the City Council held a public hearing, received testimony from the public, discussed the application and approved a resolution of denial. 3 Based on the testimony, evidence presented, and files and records, the City Council makes the following findings: a. The requested vanance does not meet the requirements of Section 36-33(d) of the Zoning Ordinance necessary to be met for the Board of Zoning Appeals to grant variances. There are no existing conditions, where by reason of narrowness, shallowness, or shape of the lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exception conditions of the lot, the stnct application of the terms of this chapter would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of the lot in developing or using the lot in a manner customary and legally permissible within the use distnct in which such lot is located. b. Conditions applying to the structure or land are not peculiar to the property or immediately adjoining property, and do apply, generally, to other land or structures in the use distnct in which the land is located c. Granting of the vanance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. Resolution No. 02-048 -2- d. Granting of the vanance would unreasonably increase the congestion in the public streets and endanger public safety. e. Granting of the variance will merely serve as a convenience to the applicant and is not necessary to alleviate a demonstrable undue hardship or difficulty. Therefore, conditions necessary for granting the requested variance do not exist. 4. The contents of vanance Case File 02 -18 -VAR are hereby entered into and made part of the public heanng record and the record of decision for this case. CONCLUSION The applicant's request for a vanance to permit an auto body/painting facility within approximately 235 feet of a residentially -zoned parcel instead of the required 300 feet is hereby denied based on the findings set forth above. Review -d for Administration: Ity anager Attest: Adopted by theity Council May 6, 2002 7 r 46( Resolution No. 02-048 Exhibit "A" That part of Lot 6, Block 23, St. Louis Park; also of Lots 11 to 15 inclusive, Block 23, Lots 19 to 28 inclusive, Block 23 Lot 5, Block 24 and of Block 20 vacated in "Rearrangement of St. Louis Park" and also of Zarthan Avenue (formerly Earle Street), Walker Street (formerly Broadway) St. Louis Avenue and of alley in Block 23, and Rearrangement and of any vacated portion of said Rearrangement included in the following descnption: Beginning at a point on Northerly nght of way line of the Minnesota and St. Louis Railway Company (which nght of way line is parallel with and distant 50 feet at nght angles from the center line of the Southbound main track of said Railway Company as there now located), said point being 600 feet Southwesterly from intersection of said right of way with Southwesterly boundary line of Auditor's Subdivision No. 249, Hennepin County, Minnesota; thence Northwesterly at nght angles to said nght of way 29 feet to a Judicial Landmark established in Torrens Case No. 7986; thence continuing Northwesterly on the last described course a distance of 166.5 feet to a Judicial Landmark established in Torrens Case No. 7986, the point of beginning of Line A to be described; thence Southwesterly on an extension of a line drawn between the last descnbed Judicial Landmark and another Judicial Landmark to an intersection of said extended line with the Westerly line of Lot 6, Block 23, St. Louis Park, the termination of said Line A, the second Judicial Landmark above descnbed being located as follows; Commencing at a point in the Southwesterly boundary line of Auditor's Subdivision No. 249, Hennepin County, Minnesota, said point being distant Northwesterly 29 feet, measured at right angles from the Northerly nght of way line of the Minneapolis and St. Louis Railway Company (which nght of way line is parallel with and distant 50 feet at nght angle from the center line of the South -bound main track of said Railway Company as there now located), thence Northwesterly along said Southwesterly line and the same extended 168.4 feet to the Judicial Landmark being described, thence Southerly to the most Westerly corner of Block 20 vacated, "Rearrangement of St. Louis Park", thence Southeasterly along Southwesterly line of said vacated Block 20 to the Northwesterly line of said right of way; thence Northeasterly along said right of way line to point of beginning, Except that part of Lot 6, Block 23, St. Louis Park and that part of Lots 19 to 25 inclusive, Block 23, "Rearrangement of St. Louis Park" which lies Northwesterly of a line drawn from a point in the West line of Lot 6 distant 35 feet South of the termination of said Line "A" to a point in said Line "A" distant 194 feet Northeasterly of the West line of said Lot 6. Subject to the drainage easement created by deed of record in Book 1691 of Deeds, page 23, relating to the title to the portion of the premises located in what was formerly said Block 20, now vacated, "Rearrangement of St. Louis Park" and to the drainage easement created by deed of record in Block 1691 of Deeds, page 113 relating to the title to the portion of the premises located in what was formerly Lots 11 to 15, Block 23, and Lot 5, Block 24, "Rearrangement of St. Louis Park" and adjoining streets and alleys; Subject to minerals and mineral nghts reserved by the State of Minnesota; (relating to the title of Lots 19 to 28 inclusive, Block 23, "Rearrangement of St. Louis Park") Subject to a right of way and easement for public highway purposes for State Highway No. 7 as shown in deed Doc. No. 958827.