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HomeMy WebLinkAbout03-155 - ADMIN Resolution - City Council - 2003/10/20• VARIANCE o RESOLUTION NO. 03-155 A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-360F THE ORDINANCE CODE RELATING TO ZONING TO PERMIT THE MODIFICIATION OF A SPECIAL PERMIT WHICH IS NOT IN COMPLIANCE WITH THE PARKING REQUIREMENTS FOR PROPERTY LOCATED IN THE R-4 MULTI -FAMILY RESIDENTIAL ZONING DISTRICT AT 5621 AND 5635 MINNETONKA BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Jim Soderberg (Colonial Terrace SLP, LLC) has applied for a variance from Section 36- 36 of the Ordinance Code relating to zoning to permit the modification of a Special Permit not in compliance with the parking requirements for property located in the R-4 Multi -Family Residential District at the following location, to -wit: Tracts B and F, Tract E except that part which lies Northeasterly of a line 38.28 feet in length extending from a point in the Southeasterly line of said Tract E distant 4.53 feet Southwesterly from the most Easterly corner thereof to a point distant 1.62 feet Southwesterly from, as measured perpendicular to the Northeasterly line of said Tract E. 2. On September 17, 2003, 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, risk to the public safety, the effect on values of property in the surrounding area, and the effect of the proposed vanance 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. 03-155 -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 Zoning Ordinance Section 36-405(c)(2) states a governmental taking constitutes a hardship for the purpose of a variance. 8. The contents of Planning Case File 03 -36 -VAR are hereby entered into and made part of the public heanng record and the record of decision of this case. 9. 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. 10. Under the Zoning Ordinance, this vanance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. CONCLUSION The application for the variance to permit the modification of the Special Permit not in compliance with the parking requirement 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: Attest: 5y7;41--..---ic Ado ted by the City Council October 20, 2003 /City Manager M yor 1 VARIANCE Orri —I z CI =ii p0m °C:34:1y 10=1° iry 0 0 rn r EN0 0 ' W in V = O nl —i m 21 o -< N mmm 94 30 -° m l RESOLUTION NO. 03-155 3S92914 A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-360F THE ORDINANCE CODE RELATING TO ZONING TO PERMIT THE MODIFICIATION OF A SPECIAL PERMIT WHICH IS NOT IN COMPLIANCE WITH THE PARKING REQUIREMENTS FOR PROPERTY LOCATED IN THE R-4 MULTI -FAMILY RESIDENTIAL ZONING DISTRICT AT 5621 AND 5635 MINNETONKA BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS - 1. Jim Soderberg (Colonial Terrace SLP, LLC) has applied for a variance from Section 36- 36 of the Ordinance Code relating to zoning to permit the modification of a Special Permit not in compliance with the parking requirements for property located in the R-4 Multi -Family Residential District at the following location, to -wit. Tracts B and F, Tract E except that part which lies Northeasterly of a line 38.28 feet in length extending from a point in the Southeasterly line of said Tract E distant 4.53 feet Southwesterly from the most Easterly corner thereof to a point distant 1.62 feet Southwesterly from, as measured perpendicular to the Northeasterly line of said Tract E. Registered Land Survey No. 1105, Hennepin County, Minnesota 2. On September 17, 2003, the Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of a variance. - 3. The 'Planning Commission has considered the effect ofthe' 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. • • Resolution No. 03-155 -2- 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. 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 Zoning Ordinance Section 36-405(c)(2) states a governmental taking constitutes a hardship for the purpose of a variance. 8. The contents of Planning Case File 03 -36 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. 9. 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. 10. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. CONCLUSION The application for the variance to permit the modification of the Special Permit not in compliance with the parking requirement 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 03-155 adopted at the St. Louis Park City Council meeting held on October 20, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 10th day of November, 2003. Ylc-c Nancy J. Stott, eputy City Clerk