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HomeMy WebLinkAbout05-107 - ADMIN Resolution - City Council - 2005/08/010 VARIANCE RESOLUTION NO. 05-107 A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-194(d)(2)o. OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT 7 RENTAL CARS TO BE PARKED WITHIN 100 FEET OF A RESIDENTIALLY ZONED PROPERTY FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT AT 4150 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Avis Rent A Car has applied for a variance from Section 36-194(d)(2)o. of the Ordinance Code relating to zoning to permit 7 rental cars to be parked within 100 feet of a residentially zoned property for property located in the C-2 General Commercial District at the following location, to -wit: Lot 1, Block 1, Perkins St. Louis Park Addition (Abstract) 10 2. On July 6, 2005, the Planning Commission held a public heanng, received testimony from the public, discussed the application and recommended approval of a variance to permit 7 rental cars to be parked within 100 feet of a residentially zoned property. 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 variance 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. 0 Resolution No. 05-107 -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 as the required 100 foot setback covers the entire parking lot. 7. The contents of Planning Case File 05 -31 -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, 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. 9. 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 a variance to permit 7 rental cars to be parked within 100 feet of a residentially zoned property is granted based upon the finding(s) set forth above, and with the following conditions: 1. Cars shall not back into the 7 spaces. 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. Re 'e -d or Administration: Adopted by the City Council August 1, 2005 111. gtCity ager Attest: C Ma IIIfl II II Iffl IIII HI IflI IUI Ifl III Doc No 8803559 05/26/2006 09 45 AM Certified filed and or recorded on above date Office of the County Recorder Hennepin County, Minnesota Michael H Cunniff, County Recorder TranslD 223593 cs-/07 Deputy 5 Fees $35 50 OC $10 50 UR $46 00 otal o 0 'TRANSFER ENTERED HEPOISPIN COUNTY TAXPAYER SERVICE® BY VARIANCE RESOLUTION NO. 05-107 A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-194(d)(2)o. OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT 7 RENTAL CARS TO BE PARKED WITHIN 100 FEET OF A RESIDENTIALLY ZONED PROPERTY FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT AT 4150 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Avis Rent A Car has applied for a variance from Section 36-194(d)(2)o. of the Ordinance Code relating to zoning to permit 7 rental cars to be parked within 100 feet of a residentially zoned property for property located in the C-2 General Commercial District at the following location, to -wit: Lot 1, Block 1, Perkins St. Louis Park Addition (Abstract) 2. On July 6, 2005, the Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of a variance to permit 7 rental cars to be parked within 100 feet of a residentially zoned property. 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 variance upon the Comprehensive Plan. r _4resolution No. 05-107 -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 as the required 100 foot setback covers the entire parking lot. 7. The contents of Planning Case File 05 -31 -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, 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. ® 9. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. 0 CONCLUSION The application for a variance to permit 7 rental cars to be parked within 100 feet of a residentially zoned property is granted based upon the finding(s) set forth above, and with the following conditions: 1. Cars shall not back into the 7 spaces. 2. 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 onginal Resolution No. 05-107 adopted at the St. Louis Park City Council meeting held on August 1, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 9th day of August, 2005. VARIANCE SII 1 ll IIB 1 11 I I I I II Doc No 8749066 02/15/2006 08 25 AM Certified filed and or recorded on above date Office of the County Recorder Hennepin C6unty, Minnesota Michael H Cunniff, County Recorder Deputy 7 TranslD 191890 Fees $35 50 D $10 r SUR $46 8 s Total RESOLUTION NO. 05-107 A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-194(d)(2)o. OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT 7 RENTAL CARS TO BE PARKED WITHIN 100 FEET OF A RESIDENTIALLY ZONED PROPERTY FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT AT 4150 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Avis Rent A Car has applied for a variance from Section 36-194(d)(2)o. of the Ordinance Code relating to zoning to permit 7 rental cars to be parked within 100 feet of a residentially zoned property for property located in the C-2 General Commercial Distnct at the following location, to -wit: Lot 1, Block 1, Perkins St. Louis Park Addition (Abstract) 2. On July 6, 2005, the Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of a variance to permit 7 rental cars to be parked within 100 feet of a residentially zoned property. 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 variance upon the Comprehensive Plan. • Resolution NO3'-1O7 -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 as the required 100 foot setback covers the entire parking lot. 7 The contents of Planning Case File 05 -31 -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, this vanance 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. 411 9 Under the Zoning Ordinance, this vanance shall be revoked and cancelled if the building or structure for which the vanance is granted is removed CONCLUSION The application for a variance to permit 7 rental cars to be parked within 100 feet of a residentially zoned property is granted based upon the finding(s) set forth above, and with the following conditions 1 Cars shall not back into the 7 spaces. 2. 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. 05-107 adopted at the St. Louis Park City Council meeting held on August 1, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 9th day of August, 2005. Nancy J. Str.iir, r eputy City Clerk