HomeMy WebLinkAbout03-081 - ADMIN Resolution - City Council - 2003/07/07RESOLUTION NO. 03-081
A RESOLUTION OF DENIAL REGARDING THE APPLICATION OF
TROY AND MELISSA MATHWIG FOR PROPOSED PRELIMINARY AND
FINAL PLAT (MATHWIG ADDITION) WITH VARIANCES TO THE SUBDIVISION
ORDINANCE FOR REDUCTION OF MINIMUM LOT WIDTH,
SIDEWALK WIDTH, AND BOULEVARD WIDTH
BE IT RESOLVED BY the City Council of St Louis Park
Findings
1. Troy and Melissa Mathwig, owners and subdividers of the land proposed to be platted as
Mathwig Addition have submitted an application for approval of preliminary and final plat of
said subdivision with variances to the subdivision ordinance requirements for minimum lot
width, sidewalk width, and boulevard width, in the manner required for platting of land under
the St. Louis Park Ordinance Code, and all proceedings have been duly had hereunder.
(r/
a The subdivision proposes to divide one legally conforming single-family parcel
(consisting of three underlying lots) developed with a single family home into two lots
including a comer lot, and
b The required lot width of a comer lot is required to be 10 feet wider than the width
required for an interior lot to accommodate increased setbacks required by the zoning
code, and.
c. The minimum lot width required by the Zoning Code is 60 feet wide, and
d The proposed corner lot is required by of the Subdivision Ordinance to be 70 feet wide,
and
e. Section 26-153 (s) of the Subdivision Ordinance requires a 5 -foot boulevard between
the required sidewalk and street to allow for snow storage and for boulevard trees, and
f Section 26-153 (s) of the Subdivision Ordinance requires that a 5 -foot sidewalk be
constructed along all public ways adjacent to new residential subdivisions, and
g The applicant is seeking a variance from Section 26-152(b)(2) of the Subdivision
Ordinance to reduce the lot width of a corner lot from 70 feet to 68 feet, and
h The applicant is seeking a variance from Section 26-153 (s) to narrow the required
sidewalk width, and
i. The applicant is seeking variances from Section 26-153 (s) to reduce the width of the
required boulevards.
2. The proposed plat is situated upon the following described lands in Hennepin County,
Minnesota, to -wit
Lots 8, 9, and 10, Block 6, Wooddale Park
3. On May 21, 2003, the Planning Commission opened a public hearing, and
acknowledged the applicant's request for additional variances and the need for subsequent
republishing of the public hearing notice, and on a vote of 5-0 moved to continue the public
hearing until June 4, 2003. On June 4, 2003, the Planning Commission continued the public
hearing, received testimony from the public, discussed the applications, and on a vote of 4-0
moved that the Planning Commission recommend denial of the proposed plat and vanances to
the subdivision ordinance based upon findings of the staff report
Resolution No. 03-081 -2-
4 The City Council has reviewed the proposed preliminary and final plat and variances to
the subdivision ordinance for accordance and conformity with all ordinances, City Plans and
regulations of the City of St. Louis Park and the laws of the State of Minnesota, considered the
advise and recommendation of the Planning Commission testimony and evidence presented
(Case Nos. 03-17-S and 03 -18 -VAR), and finds the following:
a. Section 26-42 of the Subdivision Ordinance allows for variances from its design
standards if the proposal meets all of the established criteria, and
b. The criterion that requires special circumstances or conditions affecting the property
such that the stnct application of the provisions of this Subdivision Ordinance would
deprive the applicant/owner of the reasonable use of the land is not met for any of the
requested variances because the property is currently developed with one single family
home that meets all of the required setbacks and lot requirements. The proposed
subdivision is creating the need for the vanance, not any other special circumstances or
conditions of the land itself.
c The cnterion that the requires the granting of a variance to correct inequities resulting
from an extreme physical hardship such as topography, etc.is not met for any of the
requested vanances because the property for which the vanance is sought currently has
an economic use as a single lot. The land is flat as is much of the surrounding land and
is not subject to charactenstics or inequities that result in a hardship to the property
owner. The need for a vanance is caused by the applicant's desire to subdivide the land,
and
d The criterion that the variance is not contrary to the intent of the Comprehensive Plan is
not met for the vanance to reduce boulevard width because a reduction in boulevard
width is contrary to goals related to providing an adequate public realm since it would
not allow for the provision of boulevard trees and other amenities.
5. The contents of Planning Case Files 03-17-S and 03 -18 -VAR are hereby entered into
and made the public hearing record and the record of decision for this case.
Conclusion
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park:
The applicant's requests for variances from the subdivision ordinance requirements to
allow a reduction of minimum lot width, sidewalk width, and boulevard width do not meet the
necessary critena for approval as set forth above and the variances are hereby denied. The
request for preliminary and final approval of the Mathwig Addition is hereby denied based upon
the denial of the vanances and that the proposed Mathwig Addition does not meet the
requirements of the subdivision ordinance
Reviewed for Administration:
City Manager
Attest.
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Council July 7, 2003
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