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HomeMy WebLinkAbout04-150 - ADMIN Resolution - City Council - 2004/12/06RESOLUTION NO. 04-150 A RESOLUTION GRANTING VARIANCES FROM SECTIONS 36-364(0(4) AND 36-362(g)(4)c OF THE ZONING ORDINANCE TO PERMIT A REDUCTION IN THE REQUIRED BUFFERYARD AND A LARGER SIGN FACE FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT AT 8900 STATE HIGHWAY 7 BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota. FINDINGS 1. Target Corporation has applied for vanances from Sections 36-364(0(4) and 36- 362(g)(4)c of the Ordinance Code relating to zoning to permit a reduction in bufferyard F requirements from 2706 to 801 points and to allow two signs to exceed 150 square feet for property located in the C-2 General Commercial District at the following location, to - wit: Lot 3, Block 1, Target Second Addition (Torrens) 2. On September 1, 2004, the Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of variances to permit a reduction in bufferyard F requirements from 2706 to 516 points and to allow two signs to exceed 150 square feet. 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 vanances 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 vanances 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 contents of Planning Case File 04 -33 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. Resolution No 04-150 -2- 8 Under the Zoning Ordinance, the 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 variances are granted. 9 Under the Zoning Ordinance, the vanances shall be revoked and cancelled if the building or structure for which the vanances are granted is removed. CONCLUSION The application for the vanances to permit a reduction in the bufferyard F requirements from 2706 to 801 points and to allow one sign not to exceed 300 square feet, and a second sign not to exceed 170 square feet instead of the required maximum sign face of 150 square feet, is granted based upon the finding(s) set forth above. he Hennepi viewe Clerk is instructed to record certified copies of this resolution in the Office of the County Register of Deeds or Registrar of Titles as the case may be. for Administration: City Attest. Res-ord/2004/04-33-VAR Adopted by the City ( \ / Mayor uncil December 6, 2004 • • 7:1`j7 rn cn la0 c) m8gn :D �- og m h N T �L. o �i C7 rn � 0 Z c m ZO Xi A `1 RESOLUTION NO. 04-150 A RESOLUTION GRANTING VARIANCES FROM SECTIONS 36-364(0(4) AND 36-362(g)(4)c OF THE ZONING ORDINANCE TO PERMIT A REDUCTION IN THE REQUIRED BUFFERYARD AND A LARGER SIGN FACE FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT AT 8900 STATE HIGHWAY 7 i,."BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Target Corporation has applied for vanances from Sections 36-364(0(4) and 36- 362(g)(4)c of the Ordinance Code relating to zoning to permit a reduction in bufferyard F requirements from 2706 to 801 points and to allow two signs to exceed 150 square feet for property located in the C-2 General Commercial District at the following location, to - wit• Lot 3, Block 1, Target Second Addition (Torrens) On September 1, 2004, the Planning Commission held a public heanng, received testimony from the public, discussed the application and recommended approval of vanances to permit a reduction in bufferyard F requirements from 2706 to 516 points and to allow two signs to exceed 150 square feet. 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 vanances 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 • Resolution No. 04-150 -2- 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 04 -33 -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, the 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 variances are granted 9 Under the Zoning Ordinance, the variances shall be revoked and cancelled if the building or structure for which the variances are granted is removed. CONCLUSION The application for the variances to permit a reduction in the bufferyard F requirements from 2706 to 801 points and to allow one sign not to exceed 300 square feet, and a second sign not, to exceed 170 square feet instead of the required maximum sign face of 150 square feet, 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 CITY OF ST LOUIS 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. 04-150 adopted at the St. Louis Park City Council meeting held on December 6, 2004. WITNESS my hand and the Seal of the City of St. Louis Park this 14th day of December, 2004. -272 Nancy J Stroth, Deputy City Clerk