HomeMy WebLinkAbout02-064 - ADMIN Resolution - City Council - 2002/06/17RESOLUTION NO. 02-064
VARIANCE
• A RESOLUTION APPROVING THE VARIANCE FROM SECTION 36-361(B)(3)(D)
OF THE ORDINANCE CODE TO ALLOW VEHICLES TO BACK INTO THE
PUBLIC STREET SUBJECT TO CONDITIONS ON THE PROPERTY LOCATED IN
THE "C-2" GENERAL COMMERCIAL DISTRICT, AT 4050 BROOKSIDE AVENUE.
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota
FINDINGS
1. On February 28, 2002, Niaz Real Estate Corporation filed an application seeking a
vanance to eliminate the requirement of access to open space and to allow vehicles to
back into the public street on the property located in the C-2 General Commercial
District, at 4050 Brookside Avenue for the following legal descnption, to wit:
The South 40 feet of Lot 1, Brookside Subdivision No.2, Hennepin County, Minnesota
2. On Apnl 2, 2002, the Board of Zoning Appeals held a public heanng, received testimony
from the public, discussed the application and approved a resolution approving both
vanances.
3 On April 8, 2002, staff received a letter appealing 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 denying the variance to
eliminate the required access to open space for residential. The City Council deferred
consideration of the vanance to allow vehicles to back into the public street until June 17,
2002 to allow the applicant time to explore options for the property.
5. On June 10, 2002 the applicant submitted revised plans to the City that eliminated the
need for the open space vanance but still required the vanance to allow vehicles to back
into the public street.
6 Based on the testimony, evidence presented, and files and records, City Council
makes the following findings on the vanance to allow vehicles to back into the public
street:
a The requested vanance does meet the requirements of Section 36-33(d) of the
Zoning Ordinance necessary to be met for the Board of Zoning Appeals to grant
vanances. 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 or 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.
Resolution No. 02-064 -2-
b. Conditions applying to the structure or land are peculiar to the property or
immediately adjoining property, and do not apply, generally, to other land or
structures in the use district in which the land is located.
c. Granting of the vanance is necessary for the preservation and enjoyment of a
substantial property nght of the applicant.
d. Granting of the vanance would not impair and adequate supply of light and air to
the adjacent property, unreasonably increase the congestion in the public streets,
increase the danger of fire, or endanger public safety provided certain conditions
are met.
e. Granting of the vanance will not unreasonably impact on the character and
development of the neighborhood, unreasonably diminish or impair established
property values in the surrounding area, or in any other way impair the health,
safety, and comfort of the area provided certain conditions are met.
f. Granting of the vanance will not be contrary to the intent of the Zoning Code and
the comprehensive plan provided certain conditions are met.
g.
Granting of the vanance will not merely serve as a convenience to the applicant
but is necessary to alleviate a demonstrable undue hardship or difficulty.
Therefore, conditions necessary for granting the requested vanance do exist.
7. The contents of vanance Case File 02 -17 -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 variance to allow vehicles to back into the public street is hereby
approved subject to the following conditions.
1) only one curb cut is included to provide access to the property; and
2) the building is setback an adequate distance from the public nght-of —way to ensure that
adequate visibility is provided for vehicles backing into the public street as determined by the
City pnor to issuance of a building permit based on the findings setforth above.
Reviewed for Administration
City Manager
Attest:
Cit Clerk
ed by the City Council June 17, 2002
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A RESOLUTION APPROVING THE VARIANCE FROM SECTION 36-361(B)(3)(D)
OF THE ORDINANCE CODE TO ALLOW VEHICLES TO BACK INTO THE
PUBLIC STREET SUBJECT TO CONDITIONS ON THE PROPERTY LOCATED IN
THE "C-2” GENERAL COMMERCIAL DISTRICT, AT 4050 BROOKSIDE AVENUE.
• BE IT RESOLVED BY the City. Council,of St Louis Park, Minnesota
•
FINDINGS
1 On February 28, 2002, Niaz Real Estate Corporation filed an application seeking a
variance to eliminate the requirement of access to open space and to allow vehicles to
back into the public street on the property located in the C-2 General Commercial
District, at 4050 Brookside Avenue for the following legal descnption, to wit:
The South 40 feet of Lot 1, Brookside Subdivision No.2, Hennepin County, Minnesota
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 approving both
vanances.
3. On Apnl 8, 2002, staff received a letter appealing 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 denying the vanance to
eliminate the required access to open space for residential. The City Council deferred
consideration of the vanance to allow vehicles to back into the public street until June 17,
2002 to allow the applicant time to explore options for the property.
Resolution No. 02-064 -2-
• 5 On June 10, 2002 the applicant submitted revised plans to the City that eliminated the
need for the open space variance but still required the vanance to allow vehicles to back
into the public street.
6. Based on the testimony, evidence presented, and files and records, City Council
makes the following findings on the variance to allow vehicles to back into the public
street:
a The requested variance does 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. 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 or 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 district in
which such lot is located.
b. Conditions applying to the structure or land are peculiar to the property or
immediately adjoining property, and do not apply, generally, to other land or
structures in the use distnct in which the land is located.
c. Granting of the vanance is necessary for the preservation and enjoyment of a
IPsubstantial property nght of the applicant.
d. Granting of the vanance would not impair and adequate supply of light and air to
the adjacent property, unreasonably increase the congestion in the public streets,
increase the danger of fire, or endanger public safety provided certain conditions
are met.
e. Granting of the variance will not unreasonably impact on the character and
development of the neighborhood, unreasonably diminish or impair established
property values in the surrounding area, or in any other way impair the health,
safety, and comfort of the area piovided certain conditions aie met.
f. Granting of the vanance will not be contrary to the intent of the Zoning Code and
the comprehensive plan provided certain conditions are met.
g Granting of the variance will not merely serve as a convenience to the applicant
but is necessary to alleviate a demonstrable undue hardship or difficulty.
Therefore, conditions necessary for granting the requested vanance do exist.
7 The contents of variance Case File 02 -17 -VAR are hereby entered into and made part of
the public heanng record and the record of decision for this case.
•
•
•
•
Resolution No. 02-064 -3-
CONCLUSION
The applicant's request for a variance to allow vehicles to back into the public street is hereby
approved subject to the following conditions.
1) only one curb cut is included to provide access to the property; and
2) the building is setback an adequate distance from the public right -of —way to ensure that
adequate visibility is provided for vehicles backing into the public street as determined by the
City pnor to issuance of a building permit based on the findings setforth 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 onginal
Resolution No 02-064 adopted at the St. Louis Park City Council meeting held on June 17,
2002
WITNESS my hand and the Seal of the City of St. Louis Park this llth day of December, 2002.
Nancy J. Stroth, Deputy City Clerk