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HomeMy WebLinkAbout08-072 - ADMIN Resolution - City Council - 2008/05/19RESOLUTION NO. 08-072 RESOLUTION GIVING APPROVAL FOR VARIANCES FROM THE ZONING ORDINANCE FOR INCREASED GROUND FLOOR AREA AND HEIGHT FOR AN ACCESSORY BUILDING AT LOT 4, BLOCK 1 WESTLING ESTATES BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Westling Trust and Golden Valley Land Company, owners of the land platted as Westling Estates submitted an application for approval of variances to permit an accessory building to be 365 square feet more than the allowed 800 square foot maximum, and to allow the same accessory building to be 1.5 feet taller than the maximum allowed height of 24 feet for the existing barn for property located in the R-1 Single Family Residential District in Hennepin County, Minnesota, described to -wit: Lot 4, Block 1, Westling Estates 2. On May 7, 2008, the Planning Commission recommended approval (5-1 vote) of the Westling Estates final plat with conditions. At that same meeting, the Commission also conducted a public hearing for the accessory building ground floor area and height variances and recommended approval (5-1 vote) of variances: 3. Based on the testimony, evidence presented, and files and records, the City Council makes the following findings: a. There are special circumstances affecting the property such that the strict application of the provisions of the Zoning Ordinance would deprive the applicant/owner of the reasonable use of the land. The variances are required to preserve the existing barn which has historical significance. b. The granting of the variances will not be detrimental to the public health, safety, and welfare or injurious to other property in the territory in which the property is situated. The granting of the variances will enable the existing barn to be preserved. The barn is the last remaining barn in St. Louis Park. c. The variance is not contrary to the intent of the Comprehensive Plan. Conclusion The applicant's request for a variance from Section 36-162(d)(2) and (3) to allow an accessory building to be 365 square feet more than the allowed 800 square foot maximum, and to allow the same accessory building to be 1.5 feet taller than the maximum allowed height of 24 for property located in the R-1 Single Family Residential District, at Lot 4, Block 1 Westling Estates is hereby approved based on the findings set forth above, and subject to the following conditions: Resolution No. 08-072 -2- 1. Both variances are approved for the existing barn in its location, size and dimensions existing at the time of approval of the variances. The barn may not be relocated or added on to. The barn may be maintained, or rebuilt, however, up to 50% of the structure existing at the time of this variance approval must remain. 2. The variances will become null and void if more than 50% of the barn is removed or damaged. If more than 50% of the barn is damaged or removed then the barn/accessory building must conform to all zoning regulations 3. The barn cannot be used as part of a home occupation or dwelling unit. 4. Both variances will become null and void, and the barn must be removed if a house is not constructed on the above referenced property within one year of approval of the variances. City Clerk is instructed to record certified copies of this resolution in the Office of the He nepin County Register of Deeds or Registrar of Titles as the case may be. ,d for Administration: se/1111_ VP ' I� aMV Attest: )4Dbccpt7 City Clerk Adopted by the City Council May 19, 2008