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HomeMy WebLinkAbout06-099 - ADMIN Resolution - City Council - 2006/06/05VARIANCE RESOLUTION NO. 06-099 RESOLUTION GRANTING VARIANCES FROM SECTION 361(B)(3) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT 24 -FOOT WIDE DRIVE AISLES AND ZERO PARKING SETBACKS FROM THE WEST AND SOUTH LOT LINES FOR PROPERTY LOCATED IN THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT AT 5330 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings: 1. JMW Development, LLC has applied for variances from Section 361(b)(3) of the Ordinance Code relating to zoning to permit 24 -foot wide drive aisles and zero parking setbacks from the west and south lot lines for property located in the C-1 Neighborhood Commercial Distnct at the following location, to -wit: Lot 1, Block 1, Watson's Addition, Hennepin County, Minnesota 2. On May 3, 2006, the Planning Commission held a public hearing, received testimony from the public, discussed the applications and moved approval of variances to permit 24 -foot wide drive aisles and zero parking setbacks from the west and south lot lines for property located in the C-1 Neighborhood Commercial District 3. The proposed setbacks and drive aisle widths are reasonable. The site is somewhat narrow from east to west to provide a marketable retail building width (60 feet minimum) and provide the drive aisle widths required for the parking lot. The existing parking lot is setback 0 feet from the south lot line and encroaches into the road right-of-way on the west side. The project eliminates the existing encroachment into the right-of-way. 4. The right-of-way along the south and west portions of the site is between 30' to 117' between the back of the curb and the property line. Typically, there is no more than 18 feet of boulevard area in the C-1 District. The reduced setbacks will not result in any negative effects to surrounding properties. 5. The variances are reasonable given the existing encroachments and improved situation provided by the redevelopment project. The variances are necessary for the preservation and enjoyment of a substantial property right. 6. The proposed 24 -foot wide dnve aisles are adequate. There is ample boulevard area to provide the landscaping and buffer required by City Code despite the zero parking setbacks proposed. Granting the 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, or endanger public safety. Resolution No. 06-099 -2- 7. The project will provide aesthetic and service improvements to the area. It will not adversely affect the development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health, safety, and comfort of the area. The ample right-of-way provides opportunity for buffer and landscaping that masks the setback variances. The drive aisle widths are adequate and the variance will not be noticeable. 8. 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. 9. The contents of Planning Case File 06 -37 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. Conclusion: The application for the variances to permit 24 -foot wide drive aisles and zero parking setbacks from the west and south lot lines for property located in the C-1 Neighborhood Commercial District at 5330 Cedar Lake Road are granted based upon the findings set forth above, and subject to the following conditions: 1. 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 variances are granted. 2. These variances shall be revoked and cancelled if the building or structure for which the variances are granted is removed. The City Clerk is instructed to record certified copies of this resolution in the Office of the epin County Register of Deeds or Registrar of Titles as the case may be. Revie ed for Administration: City Tanager Attest: ljLf—lg--e—)d City Clerk Adopted by the City Council June 5, 2006 ge s o • D6 -o19 11 11111 !r Doc No 8954462 03/23/2007 12 94 PM Certified filed and or recorded on ove date Office of the County Re rder Hennepin County, Mi esota Michael H Cunniff, Cou y Recorder Tra ID 299748 Deputy 001 Fees $35 50 DOC $10 50 SUR $46 00 Total :TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES MAR 2 0 2007 • VARIANCE RESOLUTION NO. 06-099 RESOLUTION GRANTING VARIANCES FROM SECTION 361(B)(3) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT 24 -FOOT WIDE DRIVE AISLES AND ZERO PARKING SETBACKS FROM THE WEST AND SOUTH LOT LINES FOR PROPERTY LOCATED IN THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT AT 5330 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings: 1 JMW Development, LLC has applied for variances from Section 361(b)(3) of the Ordinance Code relating to zoning to permit 24 -foot wide drive aisles and zero parking setbacks from the west and south lot lines for property located in the C-1 Neighborhood Commercial Distnct at the following location, to -wit. Lot 1, Block 1, Watson's Addition, Hennepin County, Minnesota 2. On May 3, 2006, the Planning Commission held a public hearing, received testimony from the public, discussed the applications and moved approval of vanances to permit 24 -foot wide drive aisles and zero parking setbacks from the west and south lot lines for property located in the C-1 Neighborhood Commercial Distnct 3. The proposed setbacks and dnve aisle widths are reasonable The site is somewhat narrow from east to west to provide a marketable retail building width (60 feet minimum) and provide the drive aisle widths required for the parking lot. The existing parking lot is setback 0 feet from the south lot line and encroaches into the road right-of-way on the west side The project eliminates the existing encroachment into the nght-of-way 4 The nght-of-way along the south and west portions of the site is between 30' to 117' between the back of the curb and the property line. Typically, there is no more than 18 feet of boulevard area in the C-1 Distnct. The reduced setbacks will not result in any negative effects to surrounding properties. 5 The variances are reasonable given the existing encroachments and improved situation provided by the redevelopment project. The vanances are necessary for the preservation and enjoyment of a substantial property nght. Rnolution No 06-099 -2- 6. The proposed 24 -foot wide drive aisles are adequate There is ample boulevard area to O provide the landscaping and buffer required by City Code despite the zero parking setbacks proposed. Granting the 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, or endanger public safety 7 The project will provide aesthetic and service improvements to the area It will not adversely affect the development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health, safety, and comfort of the area The ample nght-of-way provides opportunity for buffer and landscaping that masks the setback vanances. The dnve aisle widths are adequate and the vanance will not be noticeable. 8. 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 9 The contents of Planning Case File 06 -37 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case Conclusion: The application for the vanances to permit 24 -foot wide dnve aisles and zero parking setbacks from the west and south lot lines for property located in the C-1 Neighborhood Commercial Distnct at 5330 Cedar Lake Road are granted based upon the findings set forth above, and subject to the following conditions. 1 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 variances are granted. 2 These variances shall be revoked and cancelled if the building or structure for which the variances are granted is removed. 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 onginal Resolution No. 06-099 adopted at the St. Louis Park City Council meeting held on June 5, 2006. WITNESS my hand and the Seal of the City of St. Louis Park this 1st day of March, 2007 - 4 _.110j.eoZ` it /Clerk Nancy J Strot