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HomeMy WebLinkAbout06-118 - ADMIN Resolution - City Council - 2006/07/17VARIANCE RESOLUTION NO. 06-118 ® A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-361(B)(3)(J) OF THE ORDINANCE CODE RELATING TO ZONING TO ALLOW A REDUCTION IN THE INTERNAL LANDSCAPING OF THE PROPOSED PARKING LOT ON LOT 2, 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 36-361(b)(3)(1) of the Zoning Code to allow a reduction in the internal landscaping for a proposed parking lot on the property legally descnbed as follows Lot 2, 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 vanance for internal landscaping of a proposed parking lot. 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, 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 fight 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 nght 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 soils on the subject property are highly impacted by lead and other contaminants This is an extraordinary and exceptional condition applying to the property. The soil remediation Response Action Plan the Minnesota Pollution Control Agency (MPCA) approved requires lead impacted soils to be removed from green areas and utility corridors and all other areas to be beneath a pavement cap and above the groundwater table There is limited area on the site that is within those parameters. The applicant is not able to provide the required internal landscaping on the South Lot due to these constraints Resolution No. 06-118 -2- 8. Granting the variance is necessary to allow the applicant to redevelop the property in a manner consistent with the new 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. 9 The 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. 10 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 industrial area of the City. 11 This site will not visible from Highway 7 and the proposed penmeter landscaping and elevation changes will reduce the visual impact to neighbonng properties and Monitor Street The project improves the existing conditions on the lot by reconstructing the lot with improved stormwater flood protection and raised islands for improved traffic control 12. 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. CONCLUSION The application for the vanance from the internal landscaping requirements for the proposed parking lot on Lot 2, Block 1, RER Addition are granted based upon the finding(s) set forth above, with the following conditions 1. 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. 2. Under the Zoning Ordinance, this vanance shall be revoked and cancelled if the building or structure for which the vanance is granted is removed 3 The developer shall decrease the intensity of the variance to the extent possible by looking at creative solutions and methods that could increase plantings and improve the landscaping 4. The applicant shall comply with the City Engineer's comments in his memorandum dated June 13, 2006, except the construction of a sidewalk along Monitor Street. 5. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 6. Fire lanes shall be in accordance with Exhibit PA 1 2 as required by the Fire Marshal l Resolution No 06-118 -3- 7 Approval of Building and Parking Lot Permits, which may impose additional requirements City Clerk is instructed to record certified copies of this resolution in the Office of the He epin County Register of Deeds or Registrar of Titles as the case may be. ed for Administration: Adop�ed by the City Council July 17, 2006 i City Manager Mayor Attest ity Clerk • o IIIfl II 101 I 8 i I1I r, Doc No 8947918 03/09/2007 09 31,;aM Certified filed and or recorded on above date Office of the County Recor 6r Hennepin County, Minne ota Michael H Cunniff, County ecorder Trans) 296407 Deputy 18 Fees $35 50 DOC $10 50 SUR $46 00 Total k. o VARIANCE RESOLUTION NO. 06-118 A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-361(B)(3)(,I) OF THE ORDINANCE CODE RELATING TO ZONING TO ALLOW A REDUCTION IN THE INTERNAL LANDSCAPING OF THE PROPOSED PARKING LOT ON LOT 2, 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 36-361(b)(3)(1) ,of the Zoning Code to allow a reduction in the internal landscaping for a proposed parking lot on the property legally descnbed as follows Nv� Lot 2, 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 variance for internal landscaping of a proposed parking lot. 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 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 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 ILL) a,ae /&tS Utrl G02) Resolution No. 06-118 -2- 7. The soils on the subject property are highly impacted by lead and other contaminants. ID This is an extraordinary and exceptional condition applying to the property. The soil remediation Response Action Plan the Minnesota Pollution Control Agency (MPCA) approved requires lead impacted soils to be removed from green areas and utility comdors and all other areas to be beneath a pavement cap and above the groundwater table. There is limited area on the site that is within those parameters. The applicant is not able to provide the required internal landscaping on the South Lot due to these constraints • 8 Granting the vanance is necessary to allow the applicant to redevelop the property in a manner consistent with the new Industnal 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 9. The 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. 10. 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 industrial area of the City 11. This site will not visible from Highway 7 and the proposed perimeter landscaping and elevation changes will reduce the visual impact to neighboring properties and Monitor Street The project improves the existing conditions on the lot by reconstructing the lot with improved stormwater flood protection and raised islands for improved traffic control. 12 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 CONCLUSION The application for the vanance from the internal landscaping requirements for the proposed parking lot on Lot 2, Block 1, RER Addition are granted based upon the finding(s) set forth above, with the following conditions. 1. 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 vanance is granted 2. Under the Zoning Ordinance, this vanance shall be revoked and cancelled if the building or structure for which the variance is granted is removed III3 The developer shall decrease the intensity of the variance to the extent possible by looking at creative solutions and methods that could increase plantings and improve the landscaping. Resolution N�. 06-118 -3- 0 4. The applicant shall comply with the City Engineer's comments in his memorandum dated June 13, 2006, except the construction of a sidewalk along Monitor Street 0 5. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 6. Fire lanes shall be in accordance with Exhibit PA1.2 as required by the Fire Marshal 7. Approval of Building and Parking Lot Permits, which may impose additional requirements. 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 06-118 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. Strip` , 'y Clerk • • II Ul ilii 1 II n iii 111111 Doc No 4364995 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 0 VARIANCE RESOLUTION NO. 06-118 A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-361(B)(3)(J) OF THE ORDINANCE CODE RELATING TO ZONING TO ALLOW A REDUCTION IN THE INTERNAL LANDSCAPING OF THE PROPOSED PARKING LOT ON LOT 2, 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 36-361(b)(3)(l) of the Zoning Code to allow a reduction in the internal landscaping for a proposed parking lot on the property legally described as follows Pte' Lot 2, 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 variance for internal landscaping of a proposed parking lot. 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 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. IP6. 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 Resolution No 06-118 -2- 7 The soils on the subject property are highly impacted by lead and other contaminants O This is an extraordinary and exceptional condition applying to the property The soil remediation Response Action Plan the Minnesota Pollution Control Agency (MPCA) approved requires lead impacted soils to be removed from green areas and utility corndors and all other areas to be beneath a pavement cap and above the groundwater table. There is limited area on the site that is within those parameters The applicant is not able to provide the required internal landscaping on the South Lot due to these constraints. 8 Granting the vanance is necessary to allow the applicant to redevelop the property in a manner consistent with the new 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. 9. The 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. 10. 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 industnal area of the City. ® 1 1 This site will not visible from Highway 7 and the proposed perimeter landscaping and elevation changes will reduce the visual impact to neighboring properties and Monitor Street. The project improves the existing conditions on the lot by reconstructing the lot with improved stormwater flood protection and raised islands for improved traffic control 12. 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. CONCLUSION The application for the vanance from the internal landscaping requirements for the proposed parking lot on Lot 2, Block 1, RER Addition are granted based upon the finding(s) set forth above, with the following conditions: 1. 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. 2 Under the Zoning Ordinance, this vanance shall be revoked and cancelled if the building or structure for which the vanance is granted is removed ill3 The developer shall decrease the intensity of the variance to the extent possible by looking at creative solutions and methods that could increase plantings and improve the landscaping. Resolution No-. 06-118 -3- O4. The applicant shall comply with the City Engineer's comments in his memorandum dated June 13, 2006, except the construction of a sidewalk along Monitor Street. 5. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 6 Fire lanes shall be in accordance with Exhibit PA1.2 as required by the Fire Marshal 7 Approval of Building and Parking Lot Permits, which may impose additional requirements. 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 CITY OF ST LOUIS PARK ) ) ss ) 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. 06-118 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 Str i(` , (may Clerk