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HomeMy WebLinkAbout08-051 - ADMIN Resolution - City Council - 2008/04/07RESOLUTION NO. 08-051 RESOLUTION OF DENIAL OF A VARIANCE REQUEST FOR THE INSTALLATION OF A SIDEWALK BE IT RESOLVED by the City Council of St. Louis Park: Findings 1. Westling Trust and Golden Valley Land Company, owner and subdivider of the land proposed to be platted as Isabelle Estates have submitted an application for approval of a variance from the subdivision ordinance for installation of sidewalks (Sections 26-153(h)(1)) in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The subject property is legally described as follows: That part of the southwest quarter of the southeast quarter of Section 7, Township 117, Range 21 lying southerly of the plat of West Lynn, westerly of the plat of West Lynn Second Addition, and easterly of the easterly lines of Registered Land Surveys No. 162 and No. 703; except that part thereof embraced within Registered Land Survey No. 230. Torrens 3. On January 2, 2008, the Planning Commission conducted a public hearing and tabled consideration to a future meeting. On March 5, 2008 the Planning Commission recommended denial (6-0 vote) of the variance to not install the sidewalk along Aquila Ave. according to the following findings: a. There are no special circumstances affecting the property such that the strict application of the provisions of the subdivision ordinance would deprive the applicant/owner of the reasonable use of the land. b. The granting of the variance would be detrimental to the public health, safety, and welfare to other property in the territory in which the property is situated. The sidewalk is necessary to enhance safety at the intersection of Minnetonka Blvd and Aquila Ave. c. The variance is not necessary to correct inequities resulting from an extreme physical hardship resulting from significant changes in topography. d. The variance is not contrary to the intent of the Comprehensive Plan. Resolution No. 08-051 -2- Conclusion The requested to not install a sidewalk along Aquila Ave. as required by section 26-153(h)(1) of the subdivision ordinance is not approved. Th - City Clerk is instructed to record certified copies of this resolution in the Office of the pin County Register of Deeds or Registrar of Titles as the case may be. Rev' • r Administration: �I EiiMI C. IF 1 Attest: City Clerk r Adopptedj by the City Council April 7, 2008 Mi o llUll fl Ill IIIU llI 1111 Hll Hill HU III Doc No 4508213 06/24/2008 10 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 415734 New cert Cert 1222705 • 0 Deputy 001 Fees $1 50 AF $10 50 STATEFEE $34 00 TDOCFEE $0 00 TSUR $46 00 Total O y O r V Q f�D 4 • 0 CZ RESOLUTION NO. 08-051 RESOLUTION OF DENIAL OF A VARIANCE REQUEST FOR THE INSTALLATION OF A SIDEWALK BE IT RESOLVED by the City Council of St. Louis Park: Findings 1. Westling Trust and Golden Valley Land Company, owner and subdivider of the land proposed to be platted as Isabelle Estates have submitted an application for approval of a variance from the subdivision ordinance for installation of sidewalks (Sections 26-153(h)(1)) in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The subject property is legally described as follows: That part of the southwest quarter of the southeast quarter of Section 7, Township 117, Range 21 lying southerly of the plat of West Lynn, westerly of the plat of West Lynn Second Addition, and easterly of the easterly lines of Registered Land Surveys No. 162 and No. 703; except that part thereof embraced within Registered Land Survey No. 230. Torrens 3. On January 2, 2008, the Planning Commission conducted a public hearing and tabled consideration to a future meeting. On March 5, 2008 the Planning Commission recommended denial (6-0 vote) of the variance to not install the sidewalk along Aquila Ave. according to the following findings: a. There are no special circumstances affecting the property such that the strict application of the provisions of the subdivision ordinance would deprive the applicant/owner of the reasonable use of the land. b. The granting of the variance would be detrimental to the public health, safety, and welfare to other property in the territory in which the property is situated. The sidewalk is necessary to enhance safety at the intersection of Minnetonka Blvd and Aquila Ave. 41) c. The variance is not necessary to correct inequities resulting from an extreme physical hardship resulting from significant changes in topography. `-SSC e 13 0 Resolution No. 08-(951 ^ -2- d. The variance is not contrary to the intent of the Comprehensive Plan. Conclusion I The requested to not install a sidewalk along Aquila Ave. as required by section 26-153(h)(1) of the subdivision ordinance is not approved. 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. 08-051 adopted at the St. Louis Park City Council meeting held on April 7, 2008. WITNESS my hand and the Seal of the City of St. Louis Park this 19th day of June, 2008.