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HomeMy WebLinkAbout08-064 - ADMIN Resolution - City Council - 2008/05/05VARIANCES RESOLUTION NO. 08-064 RESOLUTION GRANTING VARIANCES FROM SECTION 36-166 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT THE CONSTRUCTION OF A NINE -UNIT CONDOMINIUM BUILDING FOR PROPERTY LOCATED IN THE R-4 MULTI -FAMILY RESIDENTIAL DISTRICT AT 4101 31" STREET WEST BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Emery Art Development, LLC (Merlin Brown) has applied for variances from Section 36-166 of the Ordinance Code relating to zoning to permit the construction of a nine -unit condominium building for property located in the R-4 Multi -Family Residential District at the following location, to -wit: That part of Lots One (1), Two (2), and Three (3), Block Five (5), lying East of the West 38.7 feet, including adjacent 30 feet of Halifax Avenue vacated and all of Lot Four (4), Block Five (5), together with 6 feet of alley vacated adjoining rear of said Lot Four (4), and that part of Halifax Avenue vacated described as: Commencing 120 feet South of Northeast corner of Block Five (5), thence East 30 feet, thence South 20 feet, thence Southwesterly to the Southeast corner of Lot Four (4), Block Five (5), thence North to the beginning, "Manhattan Park, Minneapolis, Minnesota", Hennepin County, Minnesota Abstract 2. On April 2, 2008, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of the variances to the side and front yard setback requirements. 3. The Planning Commission has considered the effect of the proposed variances 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 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 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 district in which such land is located. Resolution No. 08-064 -2- 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 08 -06 -VAR 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 variance is 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 The application for the variances is granted based upon the finding(s) set forth above, as follows: 1. A two -foot variance to the requirement for front yard setback, from a distance of 36' to the front property line to a distance of 34' to the front property line. 2. A two -foot five -inch variance to the requirement for the east side yard setback, from a distance of 20' 3" to the east property line to a distance of 17' 10" to the east property line. The City Clerk is instructed to record certified copies of this resolution in the Office of the Henn pi County Register of Deeds or Registrar of Titles as the case may be. for _' dministration: Attest: Adopted by the City Council May 5, 2008 c Mayor IIIll II II HII IllI IDI HID III HI II Doc No 9155141 07/03/2008 03 38 PM Certified filed and or recorded on above date Office of the County Recorder Hennepin County, Minnesota Michael H Cunniff, County Recor er TranslD 4180 1 Deputy 11 Fees $35 50 DOC $10 50 SUR $46 00 Total VARIANCES RESOLUTION NO. 08-064 RESOLUTION GRANTING VARIANCES FROM SECTION 36-166 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT THE CONSTRUCTION OF A NINE -UNIT CONDOMINIUM BUILDING FOR PROPERTY LOCATED IN THE R-4 MULTI -FAMILY RESIDENTIAL DISTRICT AT 4101 31st STREET WEST BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Emery Art Development, LLC (Merlin Brown) has applied for variances from Section 36-166 of the Ordinance Code relating to zoning to permit the construction of a nine -unit condominium building for property located in the R-4 Multi -Family Residential District at the following location, to -wit: That part of Lots One (1), Two (2), and Three (3), Block Five (5), lying East of the West 38.7 feet, including adjacent 30 feet of Halifax Avenue vacated and all of Lot Four (4), Block Five (5), together with 6 feet of alley vacated adjoining rear of said Lot Four (4), and that part of Halifax Avenue vacated described as: Commencing 120 feet South of Northeast corner of Block Five (5), thence East 30 feet, thence South 20 feet, thence Southwesterly to the Southeast corner of Lot Four (4), Block Five (5), thence North to the beginning, "Manhattan Park, Minneapolis, 'Minnesota", Hennepin County, Minnesota Abstract 2. On April 2, 2008, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of the variances to the side and front yard setback requirements. 3. The Planning Commission has considered the effect of the proposed variances 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 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 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, Resolution No 08-064 -2- 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 08 -06 -VAR 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 variance is 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 The application for the variances is granted based upon the finding(s) set forth above, as follows: 1. A two -foot variance to the requirement for front yard setback, from a distance of 36' to the ,front property line to a distance of 34' to the front property line. 2. A two -foot five -inch variance to the requirement for the east side yard setback, from a distance of 20' 3" to the east property line to a distance of 17' 10" to the east 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 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. 08-064 adopted at the St. Louis Park City Council meeting held on May 5, 2008. WITNESS my hand and the Seal of the City of St. Louis Park this 20th day of June, 2008. Nancy J. Strof14, City Clerk