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HomeMy WebLinkAbout04-057 - ADMIN Resolution - City Council - 2004/05/03RESOLUTION NO. 04-057 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTIONS 36-162 (c) (7) d. 5 AND 6 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT WINDOWS IN SECOND STORY OF DETACHED GARAGE AND TO ALLOW SECOND STORY OF DETACHED GARAGE TO BE FINISHED AS A HOBBY SPACE FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 4332 BROOKSIDE AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St Louis Park. Findings 1 Mark Carlson has made application to the City Council for a Conditional Use Permit under Sections 36-162 (c) (7) d. 5 and 6 of the St. Louis Park Ordinance Code for the purpose of permitting windows in second story of detached garage and to allow second story of detached garage to be finished as a hobby space within a R-1 Single Family Residential District located at 4332 Brookside Avenue South for the legal description as follows, to -wit. That part of Lot 2, Block 6, Brookside, lying West of the nght of way of the Minneapolis, St Paul, Rochester and Dubuque Electric Traction Co. Also that part of Lot 3, Block 6, Brookside, descnbed as follows: Beginning at the Northeast corner of Lot 3; thence South along the East boundary line of said Lot 3 to the Southeast corner thereof; thence West on the Southerly Boundary line of said Lot 3 to the point of intersection of the Southerly boundary line with a line 15 feet West and Parallel to the East line of said Lot 3; thence North on said line 15 feet West and Parallel to the East line of said Lot a distance of 362.08 feet; thence Northeasterly in a straight line of a distance of 53 feet, more or less, to the point of beginning Abstract 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No 04 -09 -CUP) and the effect of the proposed garage, complete with windows in the second story and the second story finished as a hobby room on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance 3. The Council has determined that the proposed garage, complete with windows in the second story and the second story finished as a hobby room will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed garage, complete with windows in the second story and the second story finished as a hobby room is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan 4 The contents of Planning Case File 04 -09 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Resolution No. 04-057 -2- Conclusion The Conditional Use Permit to allow windows to be constructed in the second floor of the proposed accessory building and to allow the second floor to be finished and used as a hobby room at the location described above is granted based on the findings set forth above and subject to the following conditions: 1 The site shall be developed, used and maintained in accordance with Exhibit A such documents incorporated by reference herein. 2. No portion of the accessory building shall be finished with a bedroom, kitchen or bathroom, or used in any way as a dwelling unit. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the He ' - , n County Register of Deeds or Registrar of Titles as the case may be. Revie : d for dministration: ity Council May 3, 2004 _/j City Attest: ty Clerk TRANSFER ENTERED • HENNEPIN COUNTY TAXPAYER SERVICES JUL 1 2 2004 RESOLUTION NO. 04-057 1111 Doc No 8399977 07/19/2004 08 00 AM Certified filed and or recorded on above date Office of the County Recorder Hennepin County, Minnesota Michael HCunniff, County Recorder Deputy 45 TransID 47478 Fees $15 00 DOC $4 50 SUR $5 00 MAIL $24 50 Total 1 1111 1 1 1 1 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTIONS 36-162 (c) (7) d. 5 AND 6 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT WINDOWS IN SECOND STORY OF DETACHED GARAGE AND TO ALLOW SECOND STORY OF DETACHED GARAGE TO BE FINISHED AS A HOBBY SPACE FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 4332 BROOKSIDE AVENUE SOUTH BE IT RESOLVED,BY the City,Council ofthe,City of St. Louis Findings 1 Mark Carlson has made 'application to the City Council for a Conditional Use Permit under Sections 36-162 (c) (7) d. 5 and 6 of the St. Louis Park Ordinance Code for the purpose of permitting windows in second story of detached garage and to allow second story of detached garage to be finished as a hobby space within a R-1 Single Farruly Residential District located at 4332 Brookside Avenue South for the legal description as follows, to -wit: That part of Lot 2, Block 6, Brookside, lying West of the nght of way of the Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Co. Also that part of Lot 3, Block 6, Brookside, described as follows: Beginning at the Northeast corner of Lot 3; thence South along the East boundary line of said Lot 3 to the Southeast corner thereof; thence West on the Southerly Boundary line of said Lot 3 to the point of intersection of the Southerly boundary line with a line 15 feet West and Parallel to the East line of,said Lot 3; thence North on said line 15 feet West and Parallel to the East line of said Lot a distance of 362 08 feet, thence Northeasterly in a straight_line of a distance of 53 feet, more or less, to the point of beginning. Abstract • Resolution No 04-057 -2- 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No 04 -09 -CUP) and the effect of the proposed garage, complete with windows in the second story and the second story finished as a hobby room on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3 The Council has determined that the proposed garage, complete with windows in the second story and the second story finished as a hobby room will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it senously depreciate surrounding property values, and the proposed garage, complete with windows in the second story and the second story finished as a hobby room is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan 4. The contents of Planning Case File 04 -09 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to allow windows to be constructed in the second floor of the proposed accessory building and to allow the second floor to be finished and used as a hobby room at the location descnbed above is granted based on the findings set forth above and subject to the following conditions: 1 The site shall be developed, used and maintained in accordance with Exhibit A such documents incorporated by reference herein. 2 No portion of the accessory building shall be finished with a bedroom, kitchen or bathroom, or used in any way as a dwelling unit. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) pnor to issuance of a building permit. Approval of a Building Permit, which may impose additional requirements. 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. b Resolution No. 04-057 -3- STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST LOUTS PARK ) ) ss 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 04-057 adopted at the St. Louis Park City Council meeting held on May 3, 2004 WITNESS my hand and the Seal of the City of St. Louis Park this 20th day of May, 2004 rc�NanYStbf! Deputy City Clerk