HomeMy WebLinkAbout05-088 - ADMIN Resolution - City Council - 2005/05/16O
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RESOLUTION NO. 05 - 088
A RESOLUTION DENYING A VARIANCE TO ALLOW THE
CUMULATIVE GROUND FLOOR AREA FOR ALL ACCESSORY
BUILDINGS TO EXCEED THE GROUND FLOOR AREA FOR THE
HOME AT 5511 VERMONT ST
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
WHEREAS, Darrell W. Brown has made application to the City Council for a
variance to Section 36-162(c)(7)b.3 of the St. Louis Park Zoning Ordinance to allow the
cumulative ground floor area for all accessory buildings to exceed the ground floor area of the
home located at 5511 Vermont Street, legally described as follows, to -wit
North 268 feet of Lot 2, Block 3, Brookside Addition
WHEREAS, The City Council has considered the advice and recommendation of the
Planning Commission (Case No. 05 -11 -VAR) and determined that the requested variance does
not meet the requirements of Section 36-33(d) of the Zoning Ordinance necessary for the City
Council to grant vanances. There are no factors related to the shape, size or other extraordinary
conditions on the lot which prevent a reasonable use, and granting of the requested variance is
not necessary for the preservation and enjoyment of a substantial property right The property
has had a reasonable use in the past.
WHEREAS, The contents of Planning Case File 05 -11 -VAR are hereby entered into
and made part of the record of decision for this case.
Conclusion
The variance to allow a cumulative ground floor area for all accessory buildings to exceed the
ground floor area of the home is hereby denied based on the findings set forth above.
The ty Clerk is instructed to record certified copies of this resolution in the Office of the
Henne in County Register of Deeds or Registrar of Titles as the case may be.
Revi
r
Administration:
ted .y th City Council May 16, 2005
City
Attest:
ger
M. yor
VIII
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Doc No 8749065 02/15/2006 08 25 AM
Certified filed and pr`recorded on above date
Office ofthe County Recorder
Hennepin County, Minnesota
Michael'H Cunniff, County Recorder
Deputy 7 / TransID 191890
Fees
$35 DOC
$1050 SUR
$46 00 Total
RESOLUTION NO. 05-089
A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 36-162 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT AN ACCESSORY BULDING
LARGER THAN 800 SQUARE FEET FOR PROPERTY
ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT
5511 VERMONT STREET
BE IT RESOLVED BY the City Council of the City of St. Louis Park.
Findings
1 Darrell W. Brown has made application to the City Council for a Conditional Use Permit
under Section 36-162 of the St. Louis Park Ordinance Code for the purpose of permitting an
accessory building larger than 800 square feet within a R-1 Single Family Residential District
located at 5511 Vermont Street for the legal description as follows, to -wit:
North 268 feet of Lot 2, Block 3, Brookside Addition
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 05 -10 -CUP) and the effect of the proposed accessory building larger
than 800 square feet 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 accessory building larger than 800 square feet 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 accessory building larger than 800 square feet is in harmony with the
general purpose and intent of the Zoning Ordinance and the Comprehensive Plan.
® 4. The contents of Planning Case File 05 -10 -CUP are hereby entered into and made part of
the public hearing record and the record of decision for this case
Resolution No. 05=089
-2-
Conclusion
The Conditional Use Permit to allow the construction of accessory buildings in excess of 800
square feet cumulative ground floor area 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. The total cumulative ground floor area shall not exceed 1,170 square feet.
3. The 195 square foot shed located in the southwest comer of the property shall be removed.
4. The accessory buildings shall not be used in any way as part of a home occupation.
5. The accessory buildings conform to all zoning ordinance provisions.
6. 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.
7. 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.
411 8. 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.
•
9. 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.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ST LOUIS PARK )
The undersigned, being the duly qualified 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. 05-089 adopted at the St Louis Park City Council meeting held on July 5, 2005.
WITNESS my hand and the Seal of the City of St. Louis Park this 9`h day of January, 2006.
Nancy J. St th, ity Clerk