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HomeMy WebLinkAbout06-117 - ADMIN Resolution - City Council - 2006/07/171 1 VARIANCE RESOLUTION NO. 06-117 A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-243(G)(4) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A FRONT YARD BUILDING SETBACK OF 20 FEET FOR PROPERTY LOCATED IN THE IP INDUSTRIAL PARK DISTRICT ON LOT 1, BLOCK 1, RER ADDITION BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Real Estate Recycling has applied for a vanance from section 36-243(g)(4) of the ordinance code relating to zoning to permit a front yard building setback of 20 feet for property located in the IP lndustnal Park District at the property legally descnbed as: Lot 1, Block 1, RER Addition; Hennepin County, Minnesota. 2. On June 21, 2006 the Planning Commission held a public heanng, received testimony from the public, discussed the application and moved approval of a front yard building setback variance from the required 50 feet to 20 feet 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 peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the distnct 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 It is reasonable for the applicant to provide the required 50 -foot front yard building setback along Lake Street, instead of Monitor Street as required by the Zoning Code The building front is oriented to Lake Street, Lake Street is the most visible portion of the property from Highway 7, and the neighbonng Sam's Club building is also oriented so that Monitor Street is a side yard Resolution No. 06-117 -2- 8 The soils on the subject property are highly impacted by lead and other contaminants. It is a Superfund site This unique condition does not apply to other locations in the City. 9. Granting the vanance is necessary to allow the applicant to redevelop the property in a manner consistent with the Industnal land use designation and Industnal Park zoning, work within the limitations that the contaminated soils present, and comply with the approved MPCA Response Action Plan. 10. The redevelopment project is a significant environmental, economic and aesthetic improvement to the area The vanance will not adversely impact 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. 11 Granting the proposed vanance helps achieve Comprehensive Plan goals to address the contamination on this property, redevelop the existing commercial properties, and expand and protect this area for industnal use 13. The contents of Planning Case File 06 -48 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case 14 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. 15. 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 the vanance to permit a front yard building setback of 20 feet for property located in the IP Industrial Park Distnct on property legally descnbed as Lot 1, Block 1, RER Addition is granted based upon the finding(s) set forth above City Clerk is instructed to record certified copies of this resolution in the Office of the Tien epin County Register of Deeds or Registrar of Titles as the case may be. ed for Administration. /A loop\ted by the City Council July 17, 2006 A i\ City Manager Attest: City Clerk avor o • IIIfl II IUI Ifl IIU III II HID II !II Doc No 8947917 03/09/2007 09 Certified filed and or recorded on a Office of the County Reco Hennepin County, Minn Michael H Cunniff, Count Transl AM ve date er ota ecorder 296407 Deputy 18 Fees $35 50 DOC $10 50 SUR $46 00 Total 0 A VARIANCE RESOLUTION NO. 06-117 RESOLUTION GRANTING A VARIANCE FROM SECTION 36-243(G)(4) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A FRONT YARD BUILDING SETBACK OF 20 FEET FOR PROPERTY LOCATED IN THE IP INDUSTRIAL PARK DISTRICT ON LOT 1, BLOCK 1, RER ADDITION BE IT RESOLVED BY the City Council of St Louis Park, Minnesota. FINDINGS 1. Real Estate Recycling has applied for a vanance from section 36-243(g)(4) of the ordinance code relating to zoning to permit a front yard building setback of 20 feet for property located in the IP Industnal Park District at the property legally descnbed as Lot 1, Block 1, RER Addition; Hennepin County, Minnesota 2. On June 21, 2006 the Planning Commission held a public heanng, received testimony from the public, discussed the application and moved approval of a front yard building setback variance from the required 50 feet to 20 feet. 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 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 peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the distnct 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. It is reasonable for the applicant to provide the required 50 -foot front yard building setback along nLaakke Street, instead of Monitor Street as required by the Zoning Code Resolution No. 06-117 -2- The building front is onented to Lake Street, Lake Street is the most visible portion of the property from Highway 7, and the neighboring Sam's Club building is also onented so that Monitor Street is a side yard. 8. The soils on the subject property are highly impacted by lead and other contaminants. It is a Superfund site. This unique condition does not apply to other locations in the City. 9 Granting the vanance is necessary to allow the applicant to redevelop the property in a manner consistent with the Industrial land use designation and Industnal Park zoning, work within the limitations that the contaminated soils present, and comply with the approved MPCA Response Action Plan 10. The redevelopment project is a significant environmental, economic and aesthetic improvement to the area The vanance will not adversely impact 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 11 Granting the proposed variance helps achieve Comprehensive Plan goals to address the contamination on this property, redevelop the existing commercial properties, and expand and protect this area for industrial use 13. The contents of Planning Case File 06 -48 -VAR are hereby entered into and made part of the public heanng record and the record of decision of this case 14. 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 vanance is granted. 15 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 a front yard building setback of 20 feet for property located in the IP Industrial Park Distnct on property legally descnbed as Lot 1, Block 1, RER Addition 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 onginal Resolution No. 06-117 adopted at the St. Louis Park City Council meeting held on July 17, 2006 WITNESS my,,�;�; the Seal of the City of St. Louis Park this 1st day of March, 2007. • :. OppORgl .9; U ' y , SEAL: •_J • FPIN =: Nace,l,„ ncy J Stiefth,(City Clerk ob ii 7 11111 10 ie IuII 11111 IDI III Doc No 4364994 03/09/2007 03 00 PM Certified filed and or recorded on above date Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles TranslD 296613 New cert Cert 1195585 Deputy 26 Fees $1 50 AF $10 50 STATEFEE $34 00 TDOCFEE $0 00 TSUR $46 00 Total 0 . CD l l 4 5-5-g VARIANCE RESOLUTION NO. 06-117 RESOLUTION GRANTING A VARIANCE FROM SECTION 36-243(G)(4) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A FRONT YARD BUILDING SETBACK OF 20 FEET FOR PROPERTY LOCATED IN THE IP INDUSTRIAL PARK DISTRICT ON LOT 1, BLOCK 1, RER ADDITION BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Real Estate Recycling has applied for a variance from section 36-243(g)(4) of the ordinance code relating to zoning to permit a front yard building setback of 20 feet for property located in the IP Industrial Park District at the property legally described as. �pf f N,- Lot 1, Block 1, RER Addition; Hennepin County, Minnesota III 2 On June 21, 2006 the Planning Commission held a public heanng, received testimony from the public, discussed the application and moved approval of a front yard building setback variance from the required 50 feet to 20 feet. 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 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 distnct 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. It is reasonable for the applicant to provide the required 50 -foot front yard building setback along Lake Street, instead of Monitor Street as required by the Zoning Code. Resolution Nb. 06-117 -2- The building front is oriented to Lake Street, Lake Street is the most visible portion of the property from Highway 7, and the neighbonng Sam's Club building is also oriented so that Monitor Street is a side yard 8 The soils on the subject property are highly impacted by lead and other contaminants It is a Superfund site. This unique condition does not apply to other locations in the City 9. Granting the vanance is necessary to allow the applicant to redevelop the property in a manner consistent with the Industrial land use designation and Industrial Park zoning, work within the limitations that the contaminated soils present, and comply with the approved MPCA Response Action Plan 10. The redevelopment project is a significant environmental, economic and aesthetic improvement to the area. The vanance will not adversely impact 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 11. Granting the proposed vanance helps achieve Comprehensive Plan goals to address the contamination on this property, redevelop the existing commercial properties, and expand and protect this area for industnal use. 13 The contents of Planning Case File 06 -48 -VAR are hereby entered into and made part of the public heanng record and the record of decision of this case 14. 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 vanance is granted 15 Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the vanance is granted is removed. CONCLUSION The application for the variance to permit a front yard building setback of 20 feet for property located in the IP Industrial Park Distnct on property legally described as Lot 1, Block 1, RER Addition 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 06-117 adopted at the St. Louis Park City Council meeting held on July 17, 2006. WITNESS my hand and the Seal of the City of St. Louis Park this 1st day of March, 2007 Nancy J. =a Clerk