HomeMy WebLinkAbout04-058 - ADMIN Resolution - City Council - 2004/05/03•
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VARIANCE
RESOLUTION NO. 04-058
RESOLUTION GRANTING VARIANCES FROM SECTIONS 36-162(c)(7)a.1,
36-162(c)(7)a.2.ii and 369-162(c)(7)c.4 OF THE ORDINANCE CODE
RELATING TO ZONING TO PERMIT A DETACHED GARAGE TO BE PLACED IN
THE FRONT YARD, A SEVEN FOOT VARIANCE TO THE REQUIRED NINE FOOT
SIDE YARD AND TO ALLOW THE DETACHED GARAGE TO BE SIX FEET
TALLER THAN THE HOUSE FOR PROPERTY LOCATED IN THE
R-1 SINGLE FAMILY RESIDENTIAL DISTRICT
AT 4332 BROOKSIDE AVENUE SOUTH
BE IT RESOLVED BY the City Council of St Louis Park, Minnesota.
FINDINGS
1. Mark Carlson has applied for vanances from Sections 36-162(c)(7)a.1, 36-162(c)(7)a.2.ii
and 369-162(c)(7)c 4 of the Ordinance Code relating to zoning to permit a detached
garage to be placed in the front yard, a nine foot vanance to the required nine foot side
yard and to allow the detached garage to be taller than the house for property located in
the R-1 Single Family Residential Distnct at the following location, 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
2. On April 7, 2004, the Planning Commission held a public heanng, received testimony
from the public, discussed the application and recommended approval of the vanances
with the exception of recommending approval of a seven foot vanance to the required 9
foot side yard instead of the requested 9 foot vanance to the required 9 foot side yard.
3. The Planning Commission has considered the effect of the proposed variances 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 variances upon the Comprehensive
Plan.
4 Because of conditions on the subject property and surrounding property, it is possible to
III
use the property in such a way that the proposed variances 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. 04-058 -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 district 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 04 -10 -VAR are hereby entered into and made part of
the public hearing record and the record of decision of this case.
8 Under the Zoning Ordinance, these variances 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
vanances are granted.
9 Under the Zoning Ordinance, these vanances shall be revoked and cancelled if the
building or structure for which the vanances are granted are removed.
CONCLUSION
The application for the variances to permit a detached garage to be placed in the front yard, a
seven foot vanance to the required nine foot side yard and to allow the detached garage to be no
more than six feet taller than the house are granted based upon the finding(s) set forth above, and
with the following conditions
1 The height of the proposed garage shall not exceed 22 feet.
2. The intenor side yard be a minimum of two feet.
3. The garage be designed, located and constructed as illustrated in the attached exhibit A.
4. Steps be taken to preserve and protect the existing mature trees located in close proximity
to the proposed garage and house as recommended by the City Forester.
5 The second story shall be used as a hobby room only and shall not be used for a home
occupation or converted to a living unit.
Clerk is instructed to record certified copies of this resolution in the Office of the
ennepi County Register of Deeds or Registrar of Titles as the case may be.
Revie
or Administration. Adopt•d by e City Council May 3, 2004
M• yor /6(G4
4 11111
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City
Attest:
ty Clerk
• TRANSFER ENTERER
HENNEPIN COUNTY TAXPAYER SERVICES
VARIANCE
RESOLUTION NO. 04-058
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Doc No 8399973 07/19/2004 08 00 AM
Certified filed and or recorded on above date
Office of the County Recorder
Hennepin County, MinnesSta
Michael H Cunniff, County Recorder
Deputy 45 TranslD 47478
Fees
$15 00 DOC
$4 50 SUR
$5 00 MAIL
$24 50 Total
RESOLUTION GRANTING VARIANCES FROM SECTIONS 36-162(c)(7)a.1,
36-162(c)(7)a.2.ii and 369-162(c)(7)c.4 OF THE ORDINANCE CODE
RELATING TO ZONING TO PERMIT A DETACHED GARAGE TO BE PLACED IN
THE FRONT YARD, A SEVEN FOOT VARIANCE TO THE REQUIRED NINE FOOT
SIDE YARD AND TO ALLOW THE DETACHED GARAGE TO BE SIX FEET
TALLER THAN THE HOUSE FOR PROPERTY LOCATED IN THE
R-1.SINGLE FAMILY RESIDENTIAL DISTRICT ''" '"
' AT 4332" BROOKSIDE A VENUE' SOUTH`
-
BE IT RESOLVED BY the City Council of Si 'Louis Park, Minnesota:
FINDINGS
1. Mark Carlson has applied for vanances from Sections 36-162(c)(7)a.1, 36-162(c)(7)a 2.ii
and 369-162(c)(7)c 4 of the Ordinance Code relating to zoning to permit a detached
garage to be placed in the front yard, a nine foot variance to the required nine foot side
yard and to allow the detached garage to be taller than the house for property located in
the R-1 Single Family Residential District at the following location, 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 36208 feet; thence,Northeasterly
in a straight line of a distance'of 53- feet, more or less, to the point of
beginning. Abstract
Resolution No. 04-058 -2-
0 2. On April 7, 2004, the Planning Commission held a public hearing, received testimony
from the public, discussed the application and recommended approval of the variances
with the exception of recommending approval of a seven foot variance to the required 9
foot side yard instead of the requested 9 foot variance to the required 9 foot side yard.
3. The Planning Commission has considered the effect of the proposed variances 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 variances 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 variances 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.
III 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 contents of Planning Case File 04 -10 -VAR are hereby entered into and made part of
the public hearing record and the record of decision of this case.
8 Under the Zoning Ordinance, these vanances 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
vanances are granted.
9. Under the Zoning Ordinance, these variances shall be revoked and cancelled if the
building or structure for which the vanances are granted are removed.
CONCLUSION
The application for the variances to permit a detached garage to be placed in the front yard, a
seven foot variance to the required nine foot side yard and to allow the detached garage to be no
more than six feet taller than the house are granted based upon the finding(s) set forth above, and
with the following conditions:
1 The height of the proposed garage shall not exceed 22 feet.
III 2 The interior side yard be a minimum of two feet
3 The garage be designed, located and constructed as illustrated in the attached exhibit A.
Resolution No. 04-058 -3-
1110 4. Steps be taken to preserve and protect the existing mature trees located in close proximity
to the proposed garage and house as recommended by the City Forester.
5 The second story shall be used as a hobby room only and shall not be used for a home
occupation or converted to a living unit
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
CITY OF ST. LOUIS PARK
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) ss
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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 04-058 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.
Nancy J. Stro , Deputy City Clerk