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HomeMy WebLinkAbout07-145 - ADMIN Resolution - City Council - 2007/11/19RESOLUTION NO. 07-145 RESOLUTION GRANTING VARIANCES FROM SECTIONS 36-163 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A REDUCTION IN THE WIDTH AND AREA REQUIREMENTS FOR PROPERTY LOCATED IN THE R-1 SINGLE FAMILY RESIDENTIAL DISTRICT AT 2942 BOONE AVENUE SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: 1. Lakewest Development Co., LLC has applied for variances from Sections 36-163 of the Ordinance Code relating to zoning to permit a reduction in the width and area requirements for property located in the R-1 Single Family Residential District at the following location, to -wit: the South 140.00 feet of the West 175.00 feet of the Southwest Quarter of the Southeast Quarter of Section 7, Township 117, Range 21, Hennepin County, Minnesota and Block 4, BELMONT TERRACE, Hennepin County, Minnesota 2. On November 7, 2007, _ the Planning Commission held a public hearing, received testimony from the public and discussed the application for variances to reduce the area requirement for Lot 1 and the width requirement for Lot 3. 3. The City Council finds that the variances will result in no negative effects to 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, nor is the variance out of compliance with 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 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. The contents of Planning Case File 07-44-S are hereby entered into and made part of the public hearing record and the record of decision of this case. 8. 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. Resolution No. 07-145 -2- 9. 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 1. The application for the variances to permit a reduction in the required width for Lot 3, Fretham 9th Addition from 85 feet to 73 feet and the required area for Lot 1, Fretham 9th Addition from 9,000 square feet to 8,276 square feet is granted based upon the finding(s) set forth above, and subject to the following conditions: a. The side yard abutting a street on Lot 3, Fretham 9th Addition is increased from a minimum width of 15 feet from the property line to a minimum width of 25 feet from the property line. 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. inistration: Adopted b e City Council November 19, 2007 Cit Attest: rlP City Clerk Mayor t • • • MO lei 1 1 1111 Doc No 9075259 12/13/2007 10 29 AM Certified filed and or recorded on above date Office of the County Recorder Hennepin County, Minnesota Michael H CunnifffCounty Recorder TransID 361903 / Deputy 14 Fees $35 50 DOC $10 50 SUR $46 00 Total 0 { TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES 0 DEC 13 2007 HENN-�j�IN COUNTY,, MN UTY BYS/��'- • RESOLUTION NO. 07-145 RESOLUTION GRANTING VARIANCES FROM SECTIONS 36-163 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A REDUCTION IN THE WIDTH AND AREA REQUIREMENTS FOR PROPERTY LOCATED IN THE R-1 SINGLE FAMILY RESIDENTIAL DISTRICT AT 2942 BOONE AVENUE SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: 1. Lakewest Development Co., LLC has applied for variances from Sections 36-163 of the Ordinance Code relating to zoning to permit a reduction in the width and area requirements for property located in the R-1 Single Family Residential District at the following location, to -wit: the South 140.00 feet of the West 175.00 feet of the Southwest Quarter of the Southeast Quarter of Section 7, Township 117, Range 21, Hennepin County, Minnesota and Block 4, BELMONT TERRACE, Hennepin County, Minnesota 2. On November 7, 2007, the Planning Commission held a public hearing, received testimony from the public and discussed the application for variances to reduce the area requirement for Lot 1 and the width requirement for Lot 3. 3. The City Council finds that the variances will result in no negative effects to 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, nor is the variance out of compliance with 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 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. 07-145 -2- 7. The contents of Planning Case File 07-44-S are hereby entered into and made part of the ® public hearing record and the record of decision of this case. 8. 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. 9. 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 1. The application for the variances to permit a reduction in the required width for Lot 3, Fretham 9th Addition from 85 feet to 73 feet and the required area for Lot 1, Fretham 9th Addition from 9,000 square feet to 8,276 square feet is granted based upon the finding(s) set forth above, and subject to the following conditions: a. The side yard abutting a street on Lot 3, Fretham 9th Addition is increased from a minimum width of 15 feet from the property line to a minimum width of 25 feet from the property line. 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 Deputy 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. 07-145 adopted at the St. Louis Park City Counc mee ' g held on November 19, 2007. WITNESS my hand and the Seal of the City of St. Lc s Par ,A4 Marcia Honol., De;�uty City Clerk f November, 2007. IIDII fl II IVIIII IllI 1 III Doc No 4454650 12/14/2007 04 30 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 362526 New cert Cert 259237 Deputy 55 Fees $1 50 AF $10 50 STATEFEE $34 00 TDOCFEE $0 00 TSUR $46 00 Total TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES DEC 17 2001 -4Er? 0 co PUTY RESOLUTION NO. 07-145 asq,3.�� RESOLUTION GRANTING VARIANCES FROM SECTIONS 36-163 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A REDUCTION IN THE WIDTH AND AREA REQUIREMENTS FOR PROPERTY LOCATED IN THE R-1 SINGLE FAMILY RESIDENTIAL DISTRICT AT 2942 BOONE AVENUE SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: 1. Lakewest Development Co., LLC has applied for variances from Sections 36-163 of the Ordinance Code relating to zoning to permit a reduction in the width and area requirements for property located in the R-1 Single Family Residential District at the following location, to -wit: the South 140.00 feet of the West 175.00 feet of the Southwest Quarter of the Southeast Quarter of Section 7, Township 117, Range 21, Hennepin County, Minnesota and Block 4, BELMONT TERRACE, Hennepin County, Minnesota 2. On November 7, 2007, the Planning Commission held a public hearing, received testimony from the public and discussed the application for variances to reduce the area requirement for Lot 1 and the width requirement for Lot 3. 3. The City Council finds that the variances will result in no negative effects to 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 arca, nor is the variance out of compliance with 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 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. 07-145 -2- 7. The contents of Planning Case File 07-44-S are hereby entered into and made part of the public hearing record and the record of decision of this case. 8. 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: 9. 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 1. The application for the variances to permit a reduction in the required width for Lot 3, Fretham 9th Addition from 85 feet to 73 feet and the required area for Lot 1, Fretham 9th Addition from 9,000 square feet to 8,276 square feet is granted based upon the finding(s) set forth above, and subject to the following conditions: a. The side yard abutting a street on Lot 3, Fretham 9th Addition is increased from a minimum width of 15 feet from the property line to a minimum width of 25 feet from the property line. 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 Deputy 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. 07-145 adopted at the St. Louis Park City Council' s -eting held on November 19, 2007. WITNESS my hand and the Seal of the City of St. Lo day of ovember, 2007. Marcia Hono D:i.uty City Clerk