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HomeMy WebLinkAbout08-069 - ADMIN Resolution - City Council - 2008/05/19RESOLUTION NO. 08-069 RESOLUTION GRANTING VARIANCE FROM SECTION 36-194(d) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT REDUCTION IN SETBACK REQUIREMENT FOR USES WITH IN -VEHICLE SERVICE FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT AT 7200 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Net Lease Development, LLC has applied for a variance from Section 36-194(d) of the Ordinance Code relating to zoning to permit construction of a drive-through within 38 feet of the adjacent property for a reduction of 62 feet from the required 100 feet for property located in the C-2 General Commercial Zoning District at the following location, to -wit: Parcel I: That part of Lot 9, Home Addition to St. Louis Park, lying South of the North 87.1 feet thereof, front and rear and lying East of a line drawn parallel with the East line of said Lot 9 from a point on the North line thereof distant 150 feet West from the Northeast corner thereof, Hennepin County, Minnesota. Parcel II: Lot 9, Home Addition to St. Louis Park, except that part lying East of a line drawn parallel to the East line of said Lot 9, from a point on the North line thereof distant 150 feet West from the Northeast corner thereof, and except the Southerly 7 feet of said Lot 9, according to the recorded plat thereof, Hennepin County, Minnesota. 2. On May 7, 2008, the Planning Commission held a public hearing, received testimony from the public, discussed the application and due to a tie vote (3-3) made no recommendation for the setback variance. 3. The Planning Commission considered 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. 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. Resolution No. 08-069 -2- 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 -12 -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, this variance 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, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. CONCLUSION The application for the variance is granted based upon the findings set forth above, as follows: 1. A variance of 62 feet, to a distance of 38 feet, is granted from the required 100 foot setback for in -vehicle sales or service from a residential property line. 2. To protect the health, safety and welfare of residents of St. Louis Park, the variance approval in this resolution shall apply only to a pharmacy drive-through and not to any other alternative use. It is noted that other uses have characteristics and impacts differing from pharmacy drive-through service. e City Clerk is instructed to record certified copies of this resolution in the Office of the H - nepin County Register of Deeds or Registrar of Titles as the case may be. e e -d for Administration: City ! ' ager Attest: 1 5 Ado ted by the City Council May 19, 2008 Mayo • • • • 1111111111111111110111 Doc No 9155145 07/03/2008 03 38%PM Certified filed and or recorded on above date Office of the County Recorde Hennepin County, Minne `ota Michael H Cunniff, County°Recorder TransID 418061 gcoc. rti No. O8-0%' Deputy 11 Fees $35 50 DOC $10 50 SUR $46 00 Total VARIANCE RESOLUTION NO. 08-069 RESOLUTION GRANTING VARIANCE FROM SECTION 36-194(d) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT REDUCTION IN SETBACK REQUIREMENT FOR USES WITH IN -VEHICLE SERVICE FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT AT 7200 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Net Lease Development, LLC has applied for a variance from Section 36-194(d) of the Ordinance Code relating to zoning to permit construction of a drive-through within 38 feet of the adjacent property for a reduction of 62 feet from the required 100 feet for property located in the C-2 General Commercial Zoning District at the following location, to -wit. Parcel I: That part of Lot 9, Home Addition to St. Louis Park, lying South of the North 87.1 feet thereof, front and rear and lying East of a line drawn parallel with the East line of said Lot 9 from a point on the North line thereof distant 150 feet West from the Northeast corner thereof, Hennepin County, Minnesota Parcel II: Lot 9, Home Addition to St. Louis Park, except that part lying East of a line drawn parallel to the East line of said Lot 9, from a point on the North line thereof distant 150 feet West from the Northeast corner thereof, and except the Southerly 7 feet of said Lot 9, according to the recorded plat thereof, Hennepin County, Minnesota. 2. On May 7, 2008, the Planning Commission held a public hearing, received testimony from the public, discussed the application and due to a tie vote (3-3) made no recommendation for the setback variance. 3. The Planning Commission considered 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. 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 0 Resolution No. 08-069 -2- 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 08 -12 -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, this variance 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, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. ® CONCLUSION The application for the variance is granted based upon the findings set forth above, as follows: 1. A variance of 62 feet, to a distance of 38 feet, is granted from the required 100 foot setback for in -vehicle sales or service from a residential property line. 2 To protect the health, safety and welfare of residents of St. Louis Park, the variance approval in this resolution shall apply only to a pharmacy drive-through and not to any other alternative use. It is noted that other uses have characteristics and impacts differing from pharmacy drive-through service. 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. 08-069 adopted at the St. Louis Park City Council meeting held on May 19, 2008. 111) WITNESS my hand of the City of St. Louis Park this 20th day of June, 2008.