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HomeMy WebLinkAbout06-119 - ADMIN Resolution - City Council - 2006/07/17VARIANCES RESOLUTION NO. 06-119 RESOLUTION GRANTING VARIANCES FROM SECTIONS 26-153(H)(1) OF THE ORDINANCE CODE RELATING TO SUBDIVISIONS TO WAIVE THE REQUIREMENT FOR SIDEWALK INSTALLATION ON THE EAST SIDE OF MONITOR STREET FOR PROPERTY AT 7003 LAKE STREET, 6651 HIGHWAY 7, 3625 AND 3629 HAMPSHIRE AVENUE, AND VACATED HAMPSHIRE AVENUE BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota. FINDINGS 1. Real Estate Recycling has applied for variances from Sections 26-153(h)(1) of the Ordinance Code relating to subdivisions to waive the requirement for sidewalk installation along the east side of Monitor Street for property located at for property located at 7003 Lake Street, 6651 Highway 7, 3625 and 3629 Hampshire Avenue, and vacated Hampshire Avenue, proposed to legally described as Lots 1 and 2, Block 1, RER Addition, and currently described as. That portion of Hampshire Avenue platted in "Rearrangement of St Louis Park" as Central Avenue, which lies Southerly of the Easterly extension of the Northerly line of Lot 4, Auditor's Subdivision No 348, Hennepin County, Minnesota, also known as the southerly nght of way line of Lake Street, and which lies northerly of the westerly extension of the Northerly line of Lot 3, of said Auditor's Subdivision No. 348, to the westerly line of said vacated street and that part of the Northeasterly one-half of said vacated street which hes northerly of a line drawn at nght angles to the centerline of said vacated street, said line intersects the Southwest corner of the Northwesterly 25 feet of Lot 3, Auditor's Subdivision No. 348. And Par 1 • Lot 4 except that part lying Southeasterly of a line running from a point in the Northeasterly line of said Lot distant 367.24 feet Southeasterly, measured along said Northeasterly line from the most Northerly corner thereof to a point in the Southwesterly line of said Lot; distant 535.8 feet Southeasterly measured along Southwesterly line from the most Westerly corner thereof, Auditor's subdivision Number 348, Hennepin County, Minnesota. Par 2 Lots 1 and 2, Lot 3 except the Northerly 25 feet thereof; and that part of Lot 4 Lying Southeasterly of a line running from a point in the Northeasterly line of said Lot, distant 367 24 feet Southeasterly, measured along said Northeasterly line from the most Northerly corner thereof to a point in the Southwesterly line of said Lot, distant 535 8 feet Southeasterly measured along said Southwesterly line from the most Westerly corner thereof, Auditor's Subdivision Number 348, Hennepin County, Minnesota Par 3 Lot 5, Auditor's Subdivision No. 348, Hennepin County, Minnesota Subject to nghts of The Park Central Little League and others, if any, to the use of that portion of the above descnbed premises being used as a grandstand and baseball diamond as shown in deed Dec 1344270, (as to land in Par 2) Resolution No 06-119 -2- Subject to the nght of the State of Minnesota to construct and maintain temporary snow fences upon those portions of said lands adjacent to State Highway No 7; (as to land in Pars 1, 2 and 3) Torrens Property And Lots 43, 44 and 46, Block 37, including adjacent half of alley vacated and Lots 47 and 48, Block 37, Rearrangement of St Louis Park Also The Southwesterly 17.5 feet of Lots 12,13, 14, 15, 16 and 17, and Southwesterly 27 5 feet of Lots 18, 19 and 20, Block 37, Rearrangement of St. Louis Park; Together with the Northeasterly half of vacated alley adjoining said Lots and lying between the extension Southwesterly of the Southeasterly line of said Lot 20 and the Westerly extension of the Northerly line of said Lot 12, except such portion as taken by the State of Minnesota for Trunk Highway No. 7, all lying and being in Hennepin County, Minnesota. Abstract Property And Lots 32 through 42 inclusive, Block 37, "Rearrangement of St. Louis Park," together with the Westerly one-half of the alley in Block 37 vacated by Resolution filed in Book 558 of Misc , Page 23, and in Book 607 of Misc., Page 110 Hennepin County, Minnesota Abstract Property And Lot 5, Auditor's Subdivision No. 348 Hennepin County, Minnesota And That part of the Southwest half of vacated Hampshire Avenue, platted in "Rearrangement of St Louis Park" as Central Avenue, which hes Southerly of the Westerly extension of the Northerly line of Lot 3, Auditor's Subdivision No 348 and Northerly of Lot 2, Block 51, "Rearrangement of St Louis Park," and that part of the Northeasterly half of said vacated street which lies Southerly of a line drawn at nght angles to the centerline of said vacated street, which line intersects at the Southwest corner of the Northwesterly 25 feet of Lot 3, Auditor's Subdivision No. 348, and Northerly of Lot 2, Block 51 "Rearrangement of St. Louis Park." Hennepin County, Minnesota Resolution No 06-119 -3- 2. On June 21, 2006 the Planning Commission held a public hearing, received testimony 411 from the public, discussed the application and moved approval of vanances to waive the requirement for sidewalk installation along the east side of Monitor Street. 0 3 The Planning Commission has considered the effect of the proposed vanances 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 vanances 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 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, 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 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. There is an existing and proposed steep slope along Monitor Street. The proposed grade will be approximately 8 feet of height over a 20 -foot distance, or 40% slope) between the building where a sidewalk would be located. This steep slope precludes construction of a sidewalk 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'm the City. 9. Granting the vanances are necessary to allow the applicant to redevelop the property in a manner consistent with the lndustnal 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 Monitor Street is a dead end road, so speeds and traffic will be relatively low Methodist employees that choose to walk rather than take the shuttle to work from the south lot would exit the site at the dnveway access points due to the steep slopes and immediately cross Monitor Street to the Sam's Club property to get to Louisiana Avenue South Pedestrians from the north lot would take the sidewalk on Lake Street or similarly exit at a driveway access point and cross Monitor Street immediately to get to Sam's Club or Louisiana Avenue 4110 11 The redevelopment project is a significant environmental, economic and aesthetic improvement to the area The vanances 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. Resolution No 06-119 -4- 12 Granting the proposed vanances help 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, these vanances 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, these vanances shall be revoked and cancelled if the building or structure for which the vanances are granted is removed. CONCLUSION The application for the vanances to waive the requirement for sidewalk installation along the east side of Monitor Street for property located at for property located in the IP Industnal Park Distnct on property to be legally descnbed as Lots 1 and 2, Block 1, RER Addition, are granted based upon the finding(s) set forth above. e ►. Henne ty Clerk is instructed to record certified copies of this resolution in the Office of the n County Register of Deeds or Registrar of Titles as the case may be. Revile or Administration: MIS City Man. ger Mayor Adopted by the City Council July 17, 2006 Attest City Clerk (/ • • • T- • • 11111111111111111111111111111111111111111111111111 Doc No 8854129 08/30/2006 12 46 PMS Certified filed and or recorded on abo 4'date Office of the County Recor er Hennepin County, Min ota Michael H Cunniff, Cour) Recorder Tran D 250981 , Deputy 40 Fees $35 50 DOC $10 50 SUR $46 00 Total VARIANCES RESOLUTION NO. 06-119 RESOLUTION GRANTING VARIANCES FROM SECTIONS 26-153(H)(1) OF THE ORDINANCE CODE RELATING TO SUBDIVISIONS TO WAIVE THE REQUIREMEN i ,FOR SIDEWALK INSTALLATION ON THE EAST SIDE O' ' MONITOR STREET FOR PROPERTY AT 7003 LAKE STREET, 6651 HIGHWAY 7, 3625 AND 3629 HAMPSHIRE AVENUE, AND VACATED HAMPSHIRE AVENUE BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS ® 1. Real Estate Recycling has applied for vanances from Sections 26-153(h)(1) of the Ordinance Code relating to subdivisions to waive the requirement for sidewalk installation along the east side of Monitor Street for property located at for property located at 7003 Lake Street, 6651 Highway 7, 3625 and 3629 Hampshire Avenue, and vacated Hampshire Avenue, proposed to legally described as Lots 1 and 2, Block 1, RER Addition, and currently described as: That portion of Hampshire Avenue platted in "Rearrangement of St. Louis Park" as Central Avenue, which lies Southerly of the Easterly extension of the Northerly line of Lot 4, Auditor's Subdivision No. 348, Hennepin County, Minnesota, also kno,vn as the southerly nght of way line of Lake Street, and which lies northerly of the westerly extension of the Northerly line of Lot 3, of said Auditor's Subdivision No 348, to the westerly line of said vacated street and that part of the Northeasterly one-half of said vacated street which hes northerly of a hne drawn at nght angles to the centerline of said vacated street, said hne intersects the Southwest corner of the Northwesterly 25 feet of Lot 3, Auditor's Subdivision No. 348. And Par 1 • Lot 4 except that part lying Southeasterly of a line running from a point in the Northeasterly line of said Lot distant 367.24 feet Southeasterly, measured along said Northeasterly line from the most Northerly corner thereof to a point in the Southwesterly line of said Lot; distant 535.8 feet Southeasterly measured along Southwesterly hne from the most Westerly corner thereof, Auditor's subdivision Number 348, Hennepin County, Minnesota. Resolution No. 06-119 -2- • . ,' ` 'k P' / IP Par 2• Lots 1 and 2, Lot 3 except the Northerly 25 feet thereof; and that part of Lot 4 lying Southeasterly of a line running from a point in the Northeasterly line of said Lot, distant 367.24 feet Southeasterly, measured along said Northeasterly line from the most Northerly corner thereof to a point in the Southwesterly line of said Lot, distant 535.8 feet Southeasterly measured along said Southwesterly line from the most Westerly corner thereof, Auditor's Subdivision Number 348, Hennepin County, Minnesota Par 3: Lot 5, Auditor's Subdivision No 348, Hennepin County, Minnesota. Subject to nghts of The Park Central Little League and others, if any, to the use of that portion of the above descnbed premises being used as a grandstand and baseball diamond as shown in deed Dec 1344270; (as to land in Par 2) Subject to the right of the State of Minnesota to construct and maintain temporary snow fences upon those portions of said lands adjacent to State Highway No 7; (as to land in Pars 1,2 and 3) Torrens Property And Lots 43, 44 and 46, Block 37, including adjacent half of alley vacated and Lots 47 and 48, Block 37, Rearrangement of St. Louis Park. Also The Southwesterly 17.5 feet of Lots 12,13, 14, 15, 16 and 17, and'Southwesterly 27.5 feet of Lots 18, 19 and 20, Block 37, Rearrangement of St. Louis Park; Together with the Northeasterly half of vacated alley adjoining said Lots and lying between the extension Southwesterly of the Southeasterly line of said Lot 20 and the Westerly extension of the Northerly line of said Lot 12, except such portion as taken by the State of Minnesota for Trunk Highway No. 7, all lying and being in Hennepin County, Minnesota. - Abstract Property And 1 ' ' n - 'r Lots 32 through 42 inclusive, Block 37, "Rearrangement of St. Louis Park," together with the Westerly one-half of the alley in Block 37 vacated by Resolution filed in Book 558 of Misc., Page 23, and in Book 607 of Misc., Page 110. Hennepin County, Minnesota Abstract Property And - Lot 5, Auditor's Subdivision No. 348 Hennepin County, Minnesota • 'Resolution No. 06-1.19 -3- And ,That part of the Southwest half of vacated Hampshire Avenue, platted in "Rearrangement of St. Louis Park" as Central Avenue, which lies Southerly of the Westerly extension of the Northerly line of Lot 3, Auditor's Subdivision No 348 and Northerly of Lot 2, Block 51, "Rearrangement of St. Louis Park," and that part of the Northeasterly half of said vacated street which lies Southerly of a line drawn at nght angles to the centerline of said vacated street, which line intersects at the Southwest corner of the Northwesterly 25 feet of Lot 3, Auditor's Subdivision No. 348, and Northerly of Lot 2, Block 51 "Rearrangement of St Louis Park." Hennepin County, Minnesota 2. On June 21, 2006 the Planning Comintssion held a public hearing, received testimony from the public; `discussed the application and moved approval of variances to waive the requirement for sidewalk installation along the east side of Monitor Street 3. The Planning Commission has considered the effect of the proposed vanances 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 vanances upon the Comprehensive Plan. 4. Because of conditions on the subject property and surrounding property, it is possible to Suse the property in such a way that the proposed 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, 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. There is an existing and proposed steep slope along Monitor Street. The proposed grade will be approximately 8 feet of height over a 20 -foot distance, or 40% slope) between the building where a sidewalk would be located. This steep slope precludes construction of a sidewalk. 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 vanances are necessary to allow the applicant to redevelop the property in a ® manner consistent with the 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. ,-• , Resolution No. 06-119 -4- ."`T rr,,. rric - 10. Monitor Street is a dead end road, so speeds and traffic will be relatively low. Methodist employees that choose to walk rather than take the shuttle to work from the south lot would exit the site at the dnveway•access points due to the steep slopes and immediately cross Monitor Street to the Sam's Club property to get to Louisiana Avenue South. Pedestnans from the north lot would take the sidewalk on Lake Street or similarly exit e.t a dnveway access point and cross Monitor Street immediately to get to Sam's Club or -Louisiana Avenue. 11 The redevelopment project is a significant environmental, economic and aesthetic improvement to the area The vanances will not adversely impact the development of the neighborhood, unreasonably dtmtmsh or impair established property values in the surrounding area, or in any other way impair the health, safety, and comfort of the area 12. Granting the proposed vanances help Comprehensive Plari goals to address the contamination on this property, redevelop the existing commercial properties, and expand and protect this area fot 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, 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 variance is granted. 15 Under the Zoning Ordinance, these variances shall be revoked and cancelled if the building or structure for which the vanances are granted is removed. CONCLUSION The appltcatt'on for the vanances to waive the requirement for sidewalk installation along the east side of Monitor Street for property located at for property located in the IP Industrial Park Distnct on property to be legally described as Lots' 1 and 2, Block 1, RER Addition, are 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 - H,l'en:neptn, C o-unty t?cg,ste! 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 06-119 adopted at the St. Louis Park City Council meeting held on July 17, 2006. WITNESS my hand and the Se.•f the City of St Louis Park this 10th day of August, 2006. 0 • • ;CANNED Hhlo 11 ilii 111111111111111111111111 Doc No 4300810 08/31/2006 09 00 AM Certified filed and or recorded on above date Office of the Registrar of Titles Hennepin County, Minnesota - Michael H Cunniff, Registrar of Titles - TranslD 251446 New cert Cert 1177446 cqp - 1 1 9 Deputy 37 Fees $1 50 AF $10 50 STATEFEE $34 00 TDOCFEE $0 00 TSUR $46 00 Total 41110 CITY OF ST. LOUIS PARK • • Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST LOUIS PARK ) The undersigned hereby certifies the following "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No. 06-119, adopted July 17, 2006, and on file in the Office of the City Clerk. The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St. Louis Park. ,5;%.SEAL : �2 l'NEpIN ,O Nancy J. St City Clerk Date : August 15, 2006 VARIANCES RESOLUTION NO. 06-119 RESOLUTION GRANTING VARIANCES FROM SECTIONS 26-153(H)(1) OF THE ORDINANCE CODE RELATING TO SUBDIVISIONS TO WAIVE THE REQUIREMENT FOR SIDEWALK INSTALLATION ON THE EAST SIDE OF MONITOR STREET FOR PROPERTY AT 7003 LAKE STREET, 6651 HIGHWAY 7, 3625 AND 3629 HAMPSHIRE AVENUE, AND VACATED HAMPSHIRE AVENUE BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Real Estate Recycling has applied for vanances from Sections 26-153(h)(1) of the Ordinance Code relating to subdivisions to waive the requirement for sidewalk installation along the east side of Monitor Street for property located at for property located at 7003 Lake Street, 6651 Highway 7, 3625 and 3629 Hampshire Avenue, and vacated Hampshire Avenue, proposed to legally described as Lots 1 and 2, Block 1, RER Addition, and currently described as That portion of Hampshire Avenue platted in "Rearrangement of St. Louis Park" as Central Avenue, which lies Southerly of the Easterly extension of the Northerly line of Lot 4, Auditor's Subdivision No. 348, Hennepin County, Minnesota, also known as the southerly nght of way line of Lake Street, and which hes northerly of the westerly extension of the Northerly line of Lot 3, of said Auditor's Subdivision No 348, to the westerly line of said vacated street and that part of the Northeasterly one-half of said vacated street which hes northerly of a line drawn at nght angles to the centerline of said vacated street, said line intersects the Southwest corner of the Northwesterly 25 feet of Lot 3, Auditor's Subdivision No 348 And Par 1 Lot 4 except that part lying Southeasterly of a line running from a point in the Northeasterly line of said Lot distant 367.24 feet Southeasterly, measured along said Northeasterly line from the most Northerly corner thereof to a point in the Southwesterly line of said Lot, distant 535.8 feet Southeasterly measured along Southwesterly line from the most Westerly corner thereof, Auditor's subdivision Number 348, Hennepin County, Minnesota. Par 2. Lots 1 and 2; Lot 3 except the Northerly 25 feet thereof; and that part of Lot 4 lying Southeasterly of a line running from a point in the Northeasterly line of said Lot, distant 367.24 feet Southeasterly, measured along said Northeasterly line from the most Northerly corner thereof to a point in the Southwesterly line of said Lot, distant 535.8 feet Southeasterly measured along said Southwesterly line from the most Westerly corner thereof, Auditor's Subdivision Number 348, Hennepin County, Minnesota Par 3. Lot 5, Auditor's Subdivision No. 348, Hennepin County, Minnesota. Subject to rights of The Park Central Little League and others, if any, to the use of that portion of the above descnbed premises being used as a grandstand and baseball diamond as shown in deed Dec. 1344270, (as to land in Par 2) Resolution No 06-119 -2- Subject to the right of the State of Minnesota to construct and maintain temporary snow fences upon those portions of said lands adjacent to State Highway No. 7; (as to land in Pars 1, 2 and 3) Torrens Property ` And Lots 43, 44 and 46, Block 37, including adjacent half of alley vacated and Lots 47 and 48, Block 37, Rearrangement of St Louis Park. Also The Southwesterly 17.5 feet of Lots 12,13, 14, 15, 16 and 17, and Southwesterly 27.5 feet of Lots 18, 19 and 20, Block 37, Rearrangement of St. Louis Park; Together with the Northeasterly half of vacated alley adjoining said Lots and lying between the extension Southwesterly of the Southeasterly line of said Lot 20 and the Westerly extension of the Northerly line of said Lot 12, except such portion as taken by the State of Minnesota for Trunk Highway No 7, all 1ymg and being in Hennepin County, Minnesota i Abstract Property And Lots 32 through 42'mclusive, Block 37, "Rearrangement of St. Louis"Park," together with the Westerly one-half of the alley in Block 37 vacated by Resolution filed 'in Book 558 of Misc., Page 23, and in Book 607 of Misc , Page 110. Hennepin County, Minnesota Abstract Property And Lot 5, Auditor's Subdivision No. 348 Hennepin County, Minnesota And That part of the Southwest half of vacated Hampshire Avenue, platted in "Rearrangement of St. Louis Park" as Central Avenue, which lies Southerly of the Westerly extension of the Northerly line of Lot 3, Auditor's Subdivision No. 348 and Northerly of Lot 2, Block 51, "Rearrangement of St Louis Park," and that part of the Northeasterly half of said vacated street which hes Southerly of a line drawn at nght angles to the centerline of said vacated street, which line intersects at the Southwest corner of the Northwesterly 25 feet of Lot 3, Auditor's Subdivision No 348, and Northerly of Lot 2, Block 51 "Rearrangement of St. Louis Park." Hennepin County, Minnesota r Resolution No. 06-119 -3- On June 21, 2006 the Planning Commission held a public heanng, received testimony from the public, discussed the application and moved approval, of variances to waive the requirement for sidewalk installation along the east side of Monitor Street. 3 The Planning Commission has considered the effect of the proposed vanances- 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 variances 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 vanances 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 m 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. There is an existing and proposed steep slope along Monitor Street. The proposed grade will be approximately 8 feet of height over a 20 -foot distance, or 40% slope) between the building where a sidewalk would be located. This steep slope precludes construction of a sidewalk. 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 vanances are 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. Monitor Street is a dead end road, so speeds and traffic will be relatively low. Methodist employees that choose to walk rather than take the shuttle to work from the south lot would exit the site at the dnveway access points due to the steep slopes and immediately cross Monitor Street to the Sam's Club property to get to Louisiana Avenue South. Pedestnans from the north lot would take the sidewalk on Lake Street or similarly exit at ' a dnveway access point and cross Monitor Street immediately to get to Sam's Club or Louisiana Avenue 11 The redevelopment project is a significant environmental, economic and aesthetic improvement to the area The variances 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. Resolution No. 06-119 -4- 12 Granting the proposed vanances help 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 Plain -mg -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, these vanances 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, these variances shall be revoked and cancelled if the building or structure for which the vanances are granted is removed. • CONCLUSION The application for the variances to waive the requirement for sidewalk installation along the east side of Monitor Street for property located at for property located in the IP Industrial Park Distnct on property to be legally descnbed as Lots 1 and 2, Block .1, RER Addition, are granted based upon the finding(s) set forth above. ty Clerk is instructed to record certified copies of this resolution in the Office of the n County Register of Deeds or Registrar of Titles as the case may be Revie or Administration• 1► lam. City Man. ger Attest: Adopted by the City Council July 17, 2006