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HomeMy WebLinkAbout10-048 - ADMIN Resolution - City Council - 2010/05/03RESOLUTION NO. 10-048 RESOLUTION GIVING APPROVAL FOR VARIANCE FROM SUBDIVISION ORDINANCE FOR SIDEWALK TO THE PLAT OF GALAXY DRIVE INN ADDITION BE IT RESOLVED by the City Council of St. Louis Park: Findings 1. JS Holdings, LLC, owner and subdivider of the land proposed to be platted as Galaxy Drive Inn Addition has submitted an application for approval of a variance from subdivision ordinance requirements for the construction of sidewalk along certain public rights-of-way adjacent to the subdivision, pursuant to Section 26-42 of the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed variance from the subdivision ordinance has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed variance from the subdivision ordinance is situated upon the following described lands in Hennepin County, Minnesota, to -wit: Lot 5, except State Highway 7 and including adjoining half of alley vacated and Lots 6 to 9, including adjoining half of alley vacated, Block 319, REARRANGEMENT OF ST. LOUIS PARK, Hennepin County, Minnesota, and Lots 42 to 45, except State Highway 7 and including adjoining half of alley vacated, Block 319, REARRANGEMENT OF ST. LOUIS PARK, Hennepin County, Minnesota. 4. On April 7, 2010, the Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended denial of the request for variance from the subdivision ordinance for sidewalk on a vote of 5-1. 5. There are 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. Such circumstances arise due to existing conditions on the site. 6. The granting of the variance 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 variance will not be detrimental to the public health, safety, or welfare or injurious to any surrounding properties. 7. The variance is to correct inequities resulting from an extreme physical hardship. The requested variance will remove the requirement for sidewalk, which will not connect to other portions of the city-wide sidewalk network called for the in Comprehensive Plan. Resolution No. 10-048 -2- 8. The variance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan does not anticipate future sidewalk connections in this location, nor is it anticipated that sidewalk will be constructed on Rhode Island Avenue South or the south Frontage Road of Highway 7 in the future. Conclusion 1. The proposed variance to the subdivision ordinance from the requirement that sidewalk be constructed along all pubic rights-of-way adjacent to the plat of the Galaxy Drive Inn Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, provided, however, that this approval is made subject to the opinion ,of the City Attorney and Certification by the City Clerk subject to the following conditions: a. The variance is approved from the subdivision ordinance for the construction of a sidewalk along the south Frontage Road of Highway 7 or Rhode Island Avenue South, as required by City Code, Section 26-153. b. The existing sidewalk along Quebec Avenue South shall be maintained in good, passable condition. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. The Ci Clerk is instructed to record certified copies of this resolution in the Office of the Hennepounty Register of Deeds or Registrar of Titles as the case may be. Revi -we Ij.' dministration: V1111 City Mana: Attest: Ado' ted b t - City Council May 3, 2010 City Clerk Mayor r 11111111110 111111111111111111111101111 Doc No T4781960 Certified, filed and/or recorded on 8/25/10 2 00 PM Office of the Registrar of'Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles Jill L Alverson, County'Auditor and Treasurer Deputy 55 Doc Name: Resolution Document Recordipg Fee Pkg ID 649842 $46 00 Document Total Existing Certs 1108207 This cover sheet is now a permanent part of the recorded document New Certs $46 00 RESOLUTION NO. 10-048 RESOLUTION GIVING APPROVAL FOR VARIANCE FROM SUBDIVISION ORDINANCE FOR SIDEWALK TO THE PLAT OF GALAXY DRIVE INN ADDITION BE IT RESOLVED by the City Council of St Louis Park. Findings 1. JS Holdings, LLC, owner and subdivider of the land proposed to be platted as Galaxy Drive Inn Addition has submitted an application for approval of a variance from subdivision ordinance requirements for the construction of sidewalk along certain public rights-of-way adjacent to the subdivision, pursuant to Section 26-42 of the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder 2. The proposed variance from the subdivision ordinance has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St Louis Park. ` 3. The proposed variance from the subdivision ordinance is situated upon the following described lands in Hennepin County, Minnesota, to -wit Lot 5, except State Highway 7 and including adjoining half of alley vacated and Lots 6 to 9, including adjoining half of alley vacated, Block 319, REARRANGEMENT OF ST LOUIS PARK, Hennepin County, Minnesota, and Lots 42 to 45, except State Highway 7 and including adjoining half of alley vacated, Block 319, REARRANGEMEN1 OF ST. LOUIS PARK, Hennepin County, Minnesota. 4 On April 7, 2010, the Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended denial of the request for variance from the subdivision ordinance for sidewalk on a vote of 5-1 5 There are special circumstances affecting the pioperty such that the strict application of the provisions of the subdivision ordinance would deprive the applicant/owner of the reasonable use of the land. Such circumstances arise due to existing conditions on the site 6 The granting of the variance 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 variance will not be detrimental to the public health, safety, or welfare or injurious to any surrounding properties. 7. The variance is to correct inequities resulting from an extreme physical hardship The requested variance will remove the requirement for sidewalk, which will not connect to other portions of the city-wide sidewalk netwoi k called for the in Comprehensive Plan —Resolution No. 10-048 -2- 8. The variance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan does not anticipate future sidewalk connections in this location, nor is it anticipated that sidewalk will be constructed on Rhode Island Avenue South or the south Frontage Road of Highway 7 in the future. Conclusion 1. The proposed variance to the subdivision ordinance from the requirement that sidewalk be constructed along all pubic rights-of-way adjacent to the plat of the Galaxy Drive Inn Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St Louis Park and the laws of the State of Minnesota, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the Ciry Clerk subject to the following conditions: a The variance is approved from the subdivision ordinance for the construction of a sidewalk along the south Frontage Road of Highway 7 or Rhode Island Avenue South, as required by City Code, Section 26-153 b. The existing sidewalk along Quebec Avenue South shall be maintained in good, passable condition 2. The City Clerk is hereby duetted to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein 3 The Mayor and Ciry Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 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 ' ) i The undersigned, being the duly qualified City Clerk of the Ciry of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No 10-044 adopted at the St. Louis Park City Council meeting held on May 3, 2010 WITNESS my hand and the Scal of • - Ciry of St. Louis Park this 13th day of August, 2010 Kristine A Luedke, Deputy City Clerk • • dkoici 11111 ilio iii ilii In ilii Doc No A9553160 III 1111 Certified filed and/or recorded on 8/27/10 4 30 PM Office of the County Recorder Hennepin County, Minnesota.r:" Michael H Cunniff, County,,Recorder Jill L Alverson, County Auditor and Treasurer Deputy 59 Doc Name: ,Variance Document Recording Fee Pkg ID 650889 $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document RESOLUTION NO. 10-048 RESOLUTION GIVING APPROVAL FOR VARIANCE FROM SUBDIVISION ORDINANCE FOR SIDEWALK TO THE PLAT OF GALAXY DRIVE INN ADDITION BE IT RESOLVED by the City Council of St. Louis Park Findings 1. JS Holdings, LLC, owner and subdivider of the land proposed to be platted as Galaxy Drive Inn Addition has submitted an application for approval of a variance from subdivision ordinance requirements for the construction of sidewalk along certain public rights-of-way adjacent to the subdivision, pursuant to Section 26-42 of the St Louis Park 'Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed variance from the subdivision ordinance has been found to be in all respects consistent with the City Plan and the regulations and requirements of thc laws of the State of Minnesota and the ordinances of the City of St Louis Park 3 , The proposed variance from the subdivision ordinance is situated upon the following described lands in Hennepin County, Minnesota, to -wit Lot 5, except State Highway 7 and including adjoining half of alley vacated and Lots 6 to 9, including adjoining half of alley vacated, Block 319, REARRANGEMENT OF ST LOUIS PARK, Hennepin County, Minnesota, and Lots 42 to 45, except State Highway 7 and including adjoining half of alley vacated, Block 319, REARRANGEMENT OF ST. LOUIS PARK, Hennepin County, Minnesota 4. On April 7, 2010, the Planning Commission held a public hearing, received testimony from the public. discussed the application and recommended denial of the request for variance from the subdivision ordinance for sidewalk on a vote of 5-1. 5. There are special circumstances affecting the property such that thc strict application of the provisions of the subdivision ordinance would deprive the applicant/owner of the reasonable use of the land. Such circumstances arise due to existing conditions on the site 6 The granting of the variance 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 variance will not be detrimental to the public health, safety, or welfare or injurious to any surrounding properties. 7. The variance is to correct inequities resulting from an extreme physical hardship The requested variance will remove the requirement for sidewalk, which will not connect to other portions of the city-wide sidewalk network called for the in Comprehensive Plan ResblutioriNo. rt) -048 -2- 8. The variance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan does not anticipate future sidewalk connections in this location, nor is it anticipated that sidewalk will be constructed on Rhode Island Avenue South or the south Frontage Road of Highway 7 in the future. Conclusion 1. The proposed variance to the subdivision ordinance from the requirement that sidewalk be constructed along all pubic rights-of-way adjacent to the plat of the Galaxy Drive Inn Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St Louis Park and the laws of the State of Minnesota, provided, however, that this approval is made subject to the opinion of the Ciry Attorney and Certification by the City Clerk subject to the following conditions. a. The variance is approved from the subdivision ordinance for the construction of a sidewalk along the south Frontage Road of Highway 7 or Rhode Island Avenue South, as required by Ciry Code, Section 26-153. b. The existing sidewalk along Quebec Avenue South shall be maintained in good, passable condition 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein 3 The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the Ciry Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No 1 above and the St. Louis Park Ordinance Code have been fulfilled The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval 1 he 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. 10-044 adopted at the St. Louis Park City Council meeting held on May 3, 2010 WITNESS my hand and the Sc e City of St ,Louis Park this 13th day of August, 2010 ,,,,_,, A --ei,,,,k__ Kristine A Luedke, Deputy Ciry Clerk '