HomeMy WebLinkAbout06-108 - ADMIN Resolution - City Council - 2006/06/191
RESOLUTION NO. 06-108
RESOLUTION OF DENIAL
RESOLUTION OF FINDING REGARDING THE APPLICATION FOR
PRELIMINARY PLAT WITH VARIANCES TO LOT SIZE, LOT WIDTH AND
MAXIMUM DRIVEWAY AND PARKING AREA IN FRONT YARD FOR PROPERTY
LOCATED IN THE R-1 SINGLE FAMILY DISTRICT
AT 1650 TEXAS AVENUE SOUTH
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota
1. On February 21, 2006 Parkway Development, LLC submitted an application for approval
of preliminary plat of Junior High Addition, variance for lot size to allow the subdivision of the
parcel into two lots, and variance to the required maximum paved front driveway and parking
area for property located in the R-1 Single Family District, at 1650 Texas Avenue South for the
following legal description, to wit:
Parcel 1: That part of Lot 6, `Beebe's Out Lots," which lies west of the west line of
Texas Avenue and that part of the adjoining vacated Morton Street, as dedicated in the
plat of `Beebe's Out Lots" lying south of the extension across it of the north line of said
Lot 6; all of which lies Northeasterly of a line drawn from a point 168.93 feet
Northeasterly of the point of beginning of the following descnbed line, as measured
along said line, which line is descnbed as beginning at a point in the West line of Section
5, Township 117, Range 21, distance 410.65 feet North of the Southwest corner of said
Section 5; thence in a Northeasterly direction a distance of 1019.4 feet to a point 494.7
feet East of a point in the West line of said Section 5, said last mentioned point being
1319 feet North of the Southwest corner of said Section 5, drawn to the most Southerly
corner of Lot 1, Block 1, "Country Club Addition of Westwood Hills."
Parcel 2: That part of the South 75 feet of Lot 7, measured along the Westerly line
thereof, which lies west of the Southeasterly line of the road described in deed Doc. No.
184005 that part of the adjoining vacated Morton Street lying between the extensions
across it of the North and South lines of the South 75 feet of said Lot 7, measured along
the Westerly line thereof;
All in Beebe's Out Lots
Parcel 3: That part of Outlot 1, which lies Northeasterly of a line described as
commencing at a point in the West line of Section 5, Township 117, Range 21, distant
410.65 feet North of the Southwest corner of said Section 5 and said point being
hereinafter known as Point A; thence in a Northeasterly direction a distance of 168.93
feet to the beginning of the line to be described, said 168.93 feet being measured along a
line which extends to a point that is 1019.4 feet from said Point A and 494.7 feet East of
a point in the West line of said Section 5 said last mentioned point being 1319 feet North
of the Southwest corner of said Section 5; thence Northwesterly passing through the most
Southerly corner of Lot 1, Block 1, "Country Club Addition of Westwood Hills".
2. On March 15, 2006, the Planning Commission held a public heanng, received testimony
from the public, discussed the application and recommended denial of preliminary plat with
variances on a vote of 3-1-1. On May 17, 2006, the Planning Commission held a public hearing
Resolution No. 06-108 -2-
on the lot width variance, received testimony from the public, discussed the application and
recommended approval of the variance due to its minor amount of deviation from the zoning
standard.
3. Based on the testimony, evidence presented, and files and records, the Planning
Commission makes the following findings:
a. The requested lot size and driveway variances do not meet the requirements of
Section 36-33(d) of the Zoning Ordinance necessary to be met for the City Council to
grant variances. There are no factors related to the shape, size or other extraordinary
conditions on the lot which prevent a reasonable use.
b. Granting of the requested variances is not necessary for the preservation and
enjoyment of a substantial property right. The property has a single family home on it
which can be fully utilized.
c. Granting of the lot size variance would be contrary to the intent and provisions of
the Zoning Ordinance since, if granted, it would permit smaller lots than allowed by the
R-1 zoning district standards. Granting the driveway variance would be contrary to the
intent of the R-1 district to have a maximum paved area in front yards.
d. There are no demonstrable or undue hardships from under the terms of the Zoning
Ordinance or Minnesota Statue, and therefore, conditions necessary for granting the
requested variances do not exist.
e. The conditions applying to the structure or land in question are not peculiar to the
property or immediately adjoining property and do not apply generally to other land or
structures in the R-1 zoning district. The topography on this site is similar to the other
lots in the area.
f.. The proposed Preliminary Plat does not meet the Zoning Ordinance requirements
for minimum lot size and lot width in the R-1 District, and therefore is not found to be in
all respects consistent with the City Plan and the regulations and requirements of the laws
of the State of Minnesota and the ordinances of the City of St. Louis Park.
4. The contents of Planning Case Files 06-15-S and 06 -16 -VAR are hereby entered into and
made part of the public hearing record and the record of decision for this case.
CLUSION
e a • i licant's requests for variances to lot size, lot width and maximum driveway and parking
ea in ont yards, and preliminary plat approval, are hereby denied based on the findings set
forth ab • ve.
Revi w ►, ��
City' • ager
r Administration:
Attest
optethe City Council June 19, 2006
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