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HomeMy WebLinkAbout05-136 - ADMIN Resolution - City Council - 2005/10/10RESOLUTION NO. 05-136 A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-361 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A DEDUCTION OF 10 OFF-STREET PARKING SPACES FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT AT 5430 MINNETONKA BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Apollo Oil has applied for a variance from Section 36-361 of the Ordinance Code relating to zoning to permit a deduction of 10 off-street parking spaces from the required 26 off- street parking spaces for a total of 16 off-street parking spaces for property located in the C-2 General Commercial District at the following location, to -wit: Lot 15, except the North 80 feet thereof and Lot 16, except North 80 feet thereof, Auditor's Subdivision No. 351, except those parts conveyed to the County of Hennepin in Document No. 3876998 and That part of the Southwest Quarter of the Southwest Quarter of Section 31, Township 29, Range 24, Hennepin County, Minnesota lying westerly of the southerly extension of the east line of said Lot 16, lying northerly of the easterly extension of the south line of said Lot 16, and lying southeasterly of the southeasterly line of said Lot 16 2. On August 3, 2005 the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved to continue consideration of the request. On September 7, 2005 the Planning Commission moved to recommend approval of a variance to permit a deduction of 10 off-street parking spaces from the required 26 off-street parking spaces for a total of 16 off-street parking spaces. 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, nsk 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. Resolution No. 05-136 -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 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 05 -42 -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 the variance to permit a deduction of 10 off-street parking spaces from the required 26 off-street parking spaces for a total of 16 off-street parking spaces is granted based upon the finding(s) set forth above. Th He City epin lerk is instructed to record certified copies of this resolution in the Office of the ounty Register of Deeds or Registrar of Titles as the case may be. Reviewe i iii Administration: -.00100.1M 140 City M. �. Attest: er pted by the City Council October 10, 2005 yor i • 4 tIItu'u(u'It1 1(I( 1(I1 t1( (11 Doc No 6762951\ 03/13/2006 01 22 PM Certified filed and or\recorded on above date Office of the County Recorder Hennepin Co nty, Minnesota Michael H Cunni fCounty Recorder Deputy 13 Fees $35 50 DOC $10 50 SUR $46 00 Total RESOLUTION NO. 05-136 ranslD 199353 A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-361 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A DEDUCTION OF 10 OFF-STREET PARKING SPACES FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT AT 5430 MINNETONKA BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Apollo Oil has applied for a variance from Section 36-361 of the Ordinance Code relating to zoning to permit a deduction of 10 off-street parking spaces from the required 26 off- street parking spaces for a total of 16 off-street parking spaces for property located in the C-2 General Commercial District at the following location, to -wit: Lot 15, except the North 80 feet thereof and Lot 16, except North 80 feet thereof, Auditor's Subdivision No. 351, except those parts conveyed to the County of Hennepin in Document No. 3876998 and That part of the Southwest Quarter of the Southwest Quarter of Section 31, Township 29, Range 24, Hennepin County, Minnesota lying westerly of the southerly extension of the east line of said Lot 16, lying northerly of the easterly extension of the south line of said Lot 16, and lying southeasterly of the southeasterly line of said Lot 16 2. On August 3, 2005 the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved to continue consideration of the request. On September 7, 2005 the Planning Commission moved to recommend approval of a vanance to permit a deduction of 10 off-street parking spaces from the required 26 off-street parking spaces for a total of 16 off-street parking spaces. 3. The Planning Commission has considered the effect of the proposed vanance 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. i -.= Resolution No. 05-136 -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. 7. The contents of Planning Case File 05 -42 -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 the variance to permit a deduction of 10 off-street parking spaces from the required 26 off-street parking spaces for a total of 16 off-street parking spaces 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 ) 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. 05-136 adopted at the St. Louis Park City Council meeting held on October 10, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 3 day of March, 2006.