Loading...
HomeMy WebLinkAbout06-102 - ADMIN Resolution - City Council - 2006/06/05VARIANCE RESOLUTION NO. 06-102 RESOLUTION GRANTING A VARIANCE FROM SECTION 36-362 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT THE CONSTRUCTION OF A SIGN UPON A TOWER FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT AT 5313 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Hoigaard's Inc. has applied for a variance from Section 36-362 of the Ordinance Code relating to zoning to permit the construction of a sign upon a tower for property located in the C-2 General Commercial District at the following location, to -wit: That part of the Northwest Quarter of Section 7, Township 28, Range 24: Commencing at the point of intersection of the centerline of Excelsior Avenue and the centerline of Garfield Avenue (now known as Wooddale Avenue in St. Louis Park); thence Northeasterly along the centerline of Excelsior Avenue 901 feet; thence Southeasterly at right angles to said centerline of Excelsior Avenue to the Northwesterly line of Block 1, "Brookview Addition, Hennepin County, Minn."; thence Southwesterly along the Northwesterly line of said Block 1 and the extension of said Northwesterly line to the centerline of said Wooddale Avenue to the point of beginning. Abstract 2. On April 26, 2006, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a variance to permit the construction of a tower sign. 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 vanance 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 unique to the particular request by the applicant relating to an existing tower sign planned for demolition, and cannot be generally applied 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 nght of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Resolution No. 06-102 -2- 7. The existing Hoigaard's tower, formerly an incinerator owned by the City, has been used as a tower sign since the early 1970s. The incinerator was built in 1956. Due to environmental contamination and redevelopment, the tower and tower sign will be removed as per Planning Case Files 05-61-S and 05 -62 -PUD. The granting of the application is necessary to replicate the loss of this community symbol. 8. The contents of Planning Case File 06 -35 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. 9. 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. 10. 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 the construction of a tower sign is granted based upon the finding(s) set forth above. The variance provides for the construction of a sign upon one side of the tower only. Per the official exhibits, the variance is for the construction of a sign reading "Hoigaard's", which shall be placed upon the north face of the tower only. 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. wed for Administration: Cit Attest: Ado ted by the City Council June 5, 2006 Y Ma 4, o 0 III ,oma In II IUI IUU IIll III IflI HI II Doc No 8954461 03/23/2007 12 1 PM Certified filed and or recorded on - c-ve date Office of the County Rec► der Hennepin County, Min sota Michael H Cunniff, Cour,' Recorder Tra ► ID 299748 Deputy 001 Fees $35 50 DOC $10 50 SUR $46 00 Total • TRANSFER ENTERED • ' HENNEPIN COUNTY TAXPAYER SERIES' MAR 2 0 2007 0-1 ' IN C •- MINN. BY���1;� s! DEPUTY Art VARIANCE RESOLUTION NO. 06-102 RESOLUTION GRANTING A VARIANCE FROM SECTION 36-362 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT THE CONSTRUCTION OF A SIGN UPON A TOWER FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT AT 5313 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Hoigaard's Inc. has applied for a variance from Section 36-362 of the Ordinance Code relating to zoning to permit the construction of a sign upon a tower for property located in the C-2 General Commercial Distnct at the following location, to -wit That part of the Northwest Quarter of Section 7, Township 28, Range 24• Commencing at the point of intersection of the centerline of Excelsior Avenue and the centerline of Garfield Avenue (now known as Wooddale Avenue in St Louis Park); thence Northeasterly along the centerline of Excelsior Avenue 901 feet, thence Southeasterly at right angles to said centerline of Excelsior Avenue to the Northwesterly line of Block 1, "Brookview Addition, Hennepin County, Minn."; thence Southwesterly along the Northwesterly line of said Block 1 and the extension of said Northwesterly line to the centerline of said Wooddale Avenue to the point of beginning Abstract 2. On Apnl 26, 2006, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a vanance to permit the construction of a tower sign 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 vanance 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 vanance 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. 0 Resolubon No 06-102 , -2- 5. The special conditions applying to the structure or land in question are unique to the particular request by the applicant relating to an existing tower sign planned for demolition, and cannot be generally applied 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 existing Hoigaard's tower, formerly an incinerator owned by the City, has been used as a tower sign since the early 1970s. The incinerator was built in 1956 Due to environmental contamination and redevelopment, the tower and tower sign will be removed as per Planning Case Files 05-61-S and 05 -62 -PUD. The granting of the application is necessary to replicate the loss of this community symbol. 8 The contents of Planning Case File 06 -35 -VAR are hereby entered into and made part of the public heanng record and the record of decision of this case 9 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 10 Under the Zoning Ordinance, this vanance 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 the construction of a tower sign is granted based upon the finding(s) set forth above. The vanance provides for the construction of a sign upon one side of the tower only Per the official exhibits, the variance is for the construction of a sign reading "Hoigaard's", which shall be placed upon the north face of the tower only. 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. 06-102 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.