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Home My WebLink About08-036 - ADMIN Resolution - City Council - 2008/03/03RESOLUTION NO. 08-036 A RESOLUTION OF FINDING REGARDING THE APPLICATION FOR A VARIANCE UNDER SECTION 36-164(0(5) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A LIVING SPACE AND GARAGE ADDITION TO THE HOUSE WITH A 9.8 FOOT REAR YARD SETBACK INSTEAD OF THE REQUIRED 25 FOOT SETBACK FOR PROPERTY LOCATED IN THE R-2 SINGLE FAMILY RESIDENTIAL DISTRICT, AT 3700 GLENHURST AVENUE SOUTH. BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota FINDINGS 1. On December 21, 2007 Paul Bischel and Diane Blocher filed an application seeking a variance to permit a living space and garage addition to the house with a 9.8 foot rear yard setback instead of the required 25 foot setback for property located in the R-2 Single Family Residential District, at 3700 Glenhurst Avenue South for the following legal description, to wit: That part of the Southeast 'A of the Southwest 'A of the Southeast 1/4 of Section 6, Township 28 North, Range 24 West of the Principal Meridian described as follows: Beginning at the intersection of the South line of the West 37`h Street with the West line of Glenhurst Avenue; thence West along the South line of West 37`h Street 135.12 feet to its intersection with the West line of Lot 1, Block 2, West Minikanda extended North; thence South along said extended line 70 feet to a point 65 feet North of the Northwest corner of said Lot 1; thence East parallel with the North line if said lot 135.12 feet to the West line of Glenhurst Avenue; thence North along said West line 70 feet to point of beginning, since October 26 1944 at 7 a.m. 2. On January 24, 2008, the Board of Zoning Appeals, upon conducting a public hearing, receiving testimony from the public, and discussing the application for Variance Case No. 08 -02 -VAR, denied the requested variance on a 3-1 vote. 3. On February 1, 2008, Paul and Diane Bischel submitted a letter requesting an appeal of the Board of Zoning Appeals action. 4. On February 19, 2008 the City Council considered the appeal and 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. Resolution No. 08-036 -2- 5. Based on the testimony, evidence presented, and files and records, the City Council makes the following findings: a. The requested variance meets the requirements of Section 36-33(d)(5) of the Zoning Ordinance necessary to be met for a variance to be granted. The exceptional condition of this lot is the fact that it is a corner lot improved by a single family home which faces what is considered the side yard for setback calculations, the combination of which makes it difficult to use the property in a reasonable manner. b. The requested addition is in keeping with the housing goals of the City of St. Louis Park, and is a reasonable use of the land. Additions similar in size and function are commonly built throughout St. Louis Park. c. The granting of the variance will not have an adverse impact on neighboring properties, and will not be visible from the public right-of-ways. 6. The contents of Board of Zoning Appeals Case File 08 -02 -VAR are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION The applicant's request for a variance from Section 36-164(0(5) to allow a variance to permit a living space and garage addition to the house with a 9.8 foot rear yard setback instead of the required 25 foot setback for property located in the R-2 Single Family Residential District, at 3700 Glenhurst Ave South is hereby approved based on the findings set forth above. R- iewed'I r Administration k. City M Attest: City Clerkp Adopted by the City Council March 3, 2008 Mayor IIIll II II llhI IIII HII III llI IU III Doc No 9152835 06/27/2008 03 22 PM Certified filed and or recorded oeabove date Office of the Cou ecorder Hennepin Co , Minnesota Michael H Cu iff, County Recorder TranslD 416616 o • Deputy 58 Fees $35 50 DOC $10 50 SUR $46 00 Total VARIANCE RESOLUTION NO. 08-036 A RESOLUTION OF FINDING REGARDING THE APPLICATION FOR A VARIANCE UNDER SECTION 36-164(0(5) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A LIVING SPACE AND GARAGE ADDITION TO THE HOUSE WITH A 9.8 FOOT REAR YARD SETBACK INSTEAD OF THE REQUIRED 25 FOOT SETBACK FOR PROPERTY LOCATED IN THE R-2 SINGLE FAMILY RESIDENTIAL DISTRICT, AT 3700 GLENHURST AVENUE SOUTH. BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota FINDINGS 1. On December 21, 2007 Paul Bischel and Diane Blocher filed an application seeking a variance to permit a living space and garage addition to the house with a 9.8 foot rear yard setback instead of the required 25 foot setback for property located in the R-2 Single Family Residential District, at 3700 Glenhurst Avenue South for the following legal description, to wit: That part of the Southeast 'A of the Southwest 'A of the Southeast 'A of Section 6, Township 28 North, Range 24 West of the 4th Principal Meridian described as follows: Beginning at the intersection of the South line of the West 37th Street with the West line of Glenhurst Avenue; thence West along the South line of West 37th Street 135.12 feet to its intersection with the West line of Lot 1, Block 2, West Minikanda extended North; thence South along said extended line 70 feet to a point 65 feet North of the Northwest corner of said Lot 1; thence East parallel with the North line if said lot 135.12 feet to the West line of Glenhurst Avenue; thence North along said West line 70 feet to point of beginning, since October 26 1944 at 7 a.m. 2. On January 24, 2008, the Board of Zoning Appeals, upon conducting a public hearing, receiving testimony from the public, and discussing the application for Variance Case No. 08 -02 -VAR, denied the requested variance on a 3-1 vote. 3. On February 1, 2008, Paul and Diane Bischel submitted a letter requesting an appeal of the Board of Zoning Appeals action. • Resolution No. 08-036 -2- 4. On February 19, 2008 the City Council considered the appeal and 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. 5. Based on the testimony, evidence presented, and files and records, the City Council makes the following findings: a. The requested variance meets the requirements of Section 36-33(d)(5) of the Zoning Ordinance necessary to be met for a variance to be granted. The exceptional condition of this lot is the fact that it is a corner lot improved by a single family home which faces what is considered the side yard for setback calculations, the combination of which makes it difficult to use the property in a reasonable manner. b. The requested addition is in keeping with the housing goals of the City of St. Louis Park, and is a reasonable use of the land. Additions similar in size and function are commonly built throughout St. Louis Park. c. The granting of the variance will not have an adverse impact on neighboring properties, and will not be visible from the public right-of-ways. • 6. The contents of Board of Zoning Appeals Case File 08 -02 -VAR are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION The applicant's request for a variance from Section 36-164(0(5) to allow a variance to permit a living space and garage addition to the house with a 9.8 foot rear yard setback instead of the required 25 foot setback for property located in the R-2 Single Family Residential District, at 3700 Glenhurst Avenue South is hereby approved based on the findings set forth above. 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. 08-036 adopted at the St. Louis Park City Council meeting held on March 3, 2008. WITNESS my hand and the Seal of the City of St. Louis Park this 19th day of June, 2008. -)1A44-€./W6)---)A019?tz Nancy J. Strokh, City Clerk