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Home My WebLink About06-145 - ADMIN Resolution - City Council - 2006/09/05VARIANCE RESOLUTION NO. 06-145 RESOLUTION GRANTING VARIANCES FROM SECTIONS 36-166(g)(8), (9) AND (11) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A REAR YARD SETBACK VARIANCE FROM 25 FEET TO 21 FEET AND SIDE YARD SETBACKS VARIANCES FROM 20.5 FEET AND 18 FEET TO 15 FEET FOR PROPERTY LOCATED IN THE R-4 MULTI -FAMILY RESIDENTIAL DISTRICT AT 3125 INGLEWOOD AVENUE SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Andrew Brenner has applied for vanances from Sections 36-166(g)(8), (9) and (11) of the Ordinance Code relating to zoning to permit a rear yard setback Variance from 25 feet to 21 feet and side yard setbacks Variances from 20.5 feet and 18 feet to 15 feet for property located in the R-4 Multi -Family Residential Distnct at the following location, to -wit: Lots 12 and 13, Block 5, "Manhattan Park, Minneapolis, Minnesota" ® 2. On July 19, 2006 the Planning Commission held a public hearing, received testimony from the public and discussed the application The motion to recommend approval of the variances failed on a tie vote of 3-3. 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 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 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 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 distract in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a 110 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. 06-145 -2- 7 The lot is comprised of two underlying platted parcels of different depths. The proposed building is 27.5 feet from the rear lot line on the north side, but only 21 feet from the rear lot line on the south side. The proposed rear setback is reasonable. 8. The lot is 80 feet wide The required side yard setbacks take up a large portion (45%) of the lot width. The proposed side yard setback vanances are modest and reasonable in order to achieve the allowable residential density and accommodate a building and site design that suit the site and neighborhood. 9. The proposed site and building design have many desirable qualities, including a low - profile building, the building takes advantage of the existing topography to provide a tuck under garage entrance, off-street parking and trash storage are contained underground, and the plan provides more permeable surface and designed outdoor recreation area than required by ordinance. 10. The contents of Planning Case File 06 -45 -VAR are hereby entered into and made part of the public heanng record and the record of decision of this case. 11. 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 variances are granted. 12. 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 variances to permit a rear yard setback Vanance from 25 feet to 21 feet and side yard setbacks Vanances from 20.5 feet and 18 feet to 15 feet for 3125 Inglewood Avenue South 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 in County Register of Deeds or Registrar of Titles as the case may be. evi d for Administration: Al III ILC City .' aTIP Mayor Adopted by the City Council September 5, 2006 Attest • • • Qif'hL Doc No 8954460 03/23/2007 12 18 Certified filed and or recorded on abo date Office of the County Recor Hennepin County, Minn-. to Michael H Cunniff, Count ecorder Tran ,i 299748 Deputy 001 Fees $35 50 DOC $10 50 SUR $46 00 Total TPANeFER ENTERED HENNEPIN COuNJY TAXPAYER SERVICES ® MAR 2 0 2001 VARIANCE RESOLUTION NO. 06-145 RESOLUTION GRANTING VARIANCES FROM SECTIONS 36-166(g)(8), (9) AND (11) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A REAR YARD SETBACK VARIANCE FROM 25 FEET TO 21 FEET AND SIDE YARD SETBACKS VARIANCES FROM 20.5 FEET AND 18 FEET TO 15 FEET FOR PROPERTY LOCATED IN THE R-4 MULTI -FAMILY RESIDENTIAL DISTRICT AT 3125 INGLEWOOD AVENUE SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings • 1 Andrew Brenner has applied for vanances from Sections 36-166(g)(8), (9) and (11) of the Ordinance Code relating to zoning to permit a rear yard setback Variance from 25 feet to 21 feet and side yard setbacks Variances from 20 5 feet and 18 feet to 15 feet for property located in the R-4 Multi -Family Residential District at the following location, to -wit Lots 12 and 13, Block 5, "Manhattan Park, Minneapolis, Minnesota" 2. On July 19, 2006 the Planning Commission held a public heanng, received testimony from the public and discussed the application. The motion to recommend approval of the vanances failed on a tie vote of 3-3. 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 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. Resolution No. 06-145 • -2- 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 IP • 7 The lot is comprised of two underlying platted parcels of different depths. The proposed building is 27.5 feet from therearr'lot line on the,north•side; but only 21 feet from the rear lot line on the south side. The proposed rear setback is reasonable. 8. The lot is 80 feet wide. The required side yard setbacks take up a large portion (45%) of the lot width The proposed side yard setback variances are modest and reasonable in order to achieve the allowable residential density and accommodate a building and site design that suit the site and neighborhood 9. The proposed site and building design have many desirable qualities, including a low - profile building, the building takes advantage of the existing topography to provide a tuck under garage entrance, off-street parking and trash storage are contained underground, and the plan provides more permeable surface and designed outdoor recreation area than required by ordinance. 10. The contents of Planning Case File 06 -45 -VAR are hereby entered into and made part of the public heanng record and the record of decision of this case. 11. 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 vanances are granted 12 Under the Zoning Ordinance, these variances shall be revoked and cancelled if the building or structure for which the variances are granted is removed Conclusion The application for the vanances to permit a rear yard setback Vanance from 25 feet to 21 feet and side yard setbacks Variances from 20.5 feet and 18 feet to 15 feet for 3125 Inglewood Avenue South 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 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 original Resolution No. 06-145 adopted at the St. Louis Park City Council meeting held on September 5, 2006. WITNESS my hand and th eal of the City of St Louis Park this 1st day of March, 2007 Nancy Str ,Vyk