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HomeMy WebLinkAbout02-095 - ADMIN Resolution - City Council - 2002/09/03• VARIANCE • RESOLUTION NO. 02-095 A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-194d(7) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A SETBACK OF 4 FEET INSTEAD OF THE REQUIRED 15 FEET FROM THE BACK OF THE CURBLINE OF THE INTERNAL PARKING LOT FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT AT 1155 FORD ROAD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Shelard Homes, LLC has applied for a variance from Section 36-194d(7) of the Ordinance Code relating to zoning to permit a setback of 4 feet instead of the required 15 feet from the back of the curbline of the internal parking lot for property located in the C- 2 General Commercial Distnct at the following location, to -wit. That part of the South 2 acres of the East 10 rods of the East i/s of the West '/s of the Northeast '/a, Section 1, Township 117, Range 22, which lies Northerly of the Northerly nght-of-way line of U.S. Highway No. 12, and South of a line 67 0 feet North of and parallel to the following descnbed line: Beginning at a point on the West line of said South 2 acres of the East 10 rods distant of 103 feet South from the Northwest corner thereof; thence run East to a point on the East line of said South 2 acres of the East 10 rods distant 113.05 feet South of the Northeast corner thereof and then terminating. 2. On August 7, 2002, the Planning Commission held a public heanng, received testimony from the public, discussed the application and recommended approval of a variance. 3. The Planning Commission has considered the effect of the proposed vanance 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. Resolution No. 02-095 -2- 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 distract 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 02 -41 -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 variance is granted. CONCLUSION The application for the variance to permit a setback of 4 feet instead of the required 15 feet from the back of the curbline of a parking lot 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. Adopted by the ty Council September 3, 2002 Attest. City Clerk May • • • r'",., RESOLUTION NO. 02-095 VARIANCE OFFICE OF COUNTY RrCGhDC k HENNEPIN COUNTY. MINNESOTA CERTIFIED Fil 11),.'?I; r^I; *{'CI)FPP4:1 r. 2002 SEP 27 AM 9: 12 _fIEPIIrY AS DOCUMENT Copy A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-194d(7) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A SETBACK OF 4 FEET INSTEAD OF THE REQUIRED 15 FEET FROM THE BACK OF THE CURBLINE OF THE INTERNAL PARKING LOT FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT AT 1155 FORD ROAD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Shelard Homes, LLC has applied for a variance from Section 36-194d(7) of the Ordinance Code relating to zoning to permit a setback of 4 feet instead of the required 15 feet from the back of the curbline of the internal parking lot for property located in the C- 2 General Commercial District at the following location, to -wit: That part of the South 2 acres of the East 10 rods of the East '/s of the West i of the Northeast 1/4, Section 1, Township 117, Range 22, which hes Northerly of the Northerly right-of-way line of U.S. Highway No. 12, and South of a line 67.0 feet North of and parallel to the following described line: Beginning at a point on the West line of said South 2 acres of the East 10 rods distant of 103 feet South from the Northwest corner thereof; thence run East to a point on the East line of said South 2 acres of the East 10 rods distant 113.05 feet South of the Northeast corner thereof and then terminating. • Resolution No. 02-095 -2- 2. On August 7, 2002, the Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of a vanance. 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, nsk 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 distnct 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 02 -41 -VAR are hereby entered into and made part of • 8. the public hearing record and the record of decision of this case. 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 setback of 4 feet instead of the required 15 feet from the back of the curbline of a parking lot 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. 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. 02-095 adopted at the St. Louis Park City Council meeting held on September 3, 2002. WITNESS my hand and the Seal of the City of St. Louis Park this 20th day of September, 2002. Nancy J. StibtlY, Deputy City Clerk