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HomeMy WebLinkAbout11-133-2 - ADMIN Resolution - City Council - 2011/12/05RESOLUTION NO. 11-133-2 A RESOLUTION GRANTING VARIANCE FROM SECTION 36-194(d)(3) OF THE ORDINANCE CODE RELATING TO ZONING TO CONSTRUCT A CARWASH FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT AT 3901 and 3921 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Alberto Bertomeu has applied for a variance from Section 36-194(d)(3) of the Ordinance Code relating to zoning to construct a carwash for property located in the C-2 General Commercial Zoning District at the following location, to -wit: 3901 Excelsior Boulevard: Property Description Per Certificate of Title No.: 1052108: Parcel 1: All that part of Northeast Quarter of Southeast Quarter of Section 6, Township 28, Range 24 described as follows to -wit: Commencing at the point of intersection of the center line of Excelsior Road with the center line of France Avenue as said Road and Avenue are located and shown on the plat of MENDOZA PARK, thence running Southwesterly along said center line of said Excelsior Road to a point made by the intersection of said center line of said Road and center line of Evergreen Avenue (said center line of said Evergreen Avenue shall be a line parallel with the Southwesterly line of Block 15, MENDOZA PARK and 40 feet Southerly, measured at right angles from Southwesterly line of said Block 15), extended Northwesterly to make said intersection with the center line of said Excelsior Road; thence running Southeasterly along said center line of said Evergreen Avenue until it intersects the center line of France Avenue; thence Northerly along the center line of said France Avenue to the point of commencement. Parcel 2: That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24 described as follows: Commencing at a point made by the intersection of the center line of Excelsior Road and the center line of Evergreen Avenue (said center line of said Evergreen Avenue shall be a line parallel with the Southwesterly line of Block 15, MENDOZA PARK and 40 feet Southerly, measured at right angles from the Southwesterly line of said Block 15) extended Westerly to make said intersection with the center line of said Excelsior Road, thence running Southeasterly along said center line if said Evergreen Avenue until it intersects the center line of France Avenue; thence Southerly along the center line of France Avenue to a point 315.5 feet Southwesterly from the point of intersection of said center line of Excelsior Road with the East line of said Section 6; thence Northwesterly to a point in the center line of Excelsior Road 315.5 feet Southwesterly from the intersection of said centerline of said Excelsior Road with the East Line of said Section 6; thence Northeasterly along the center line of said Excelsior Road to the point of beginning. Resolution 11-133-2 -2- That part of the Northeast '/ of the Southeast '/ of Section 6, Township 28, Range 24, West of the 4th Principal Meridian, described as follows: Beginning at a point on the Northwesterly line of Lot 1, Block 1, HANKE'S MINIKAHDA TERRACE, which point is 3 feet Southwesterly as measured along the Northwesterly line of said Lot 1, from the Northwest corner thereof; thence Northeasterly along the Northwesterly line of said Lot 1, and same extended, a distance 78.3 feet, and which point is actual point of beginning of the tract of land hereby to be described; thence Southeasterly at right angles a distance of 190.1 feet; thence East a distance of 48 feet, more or less, to a point on the West line of France Avenue South, as the same is now laid out and constructed, which point is 153.2 feet North as measured along the West line of France Avenue South and the East line of Lot 46, Block 1, of said HANKE'S MINIKAHDA TERRACE from the Southeast corner of said Lot 46; thence North along the West line of said France Avenue South a distance of 32.55 feet, more or less, to a point on a line, said line being described as follows: Commencing at the point of intersection of the center of Excelsior Avenue South with the East line of said Section 6; thence Southwesterly along the center of said avenue 316.5 feet; thence Southeasterly at right angles with said avenue 239.35 feet, more or less, to the point of intersection of said line with the West line of France Avenue, and which point is the point referred to; thence Northwesterly along said last descnbed line 207.9 feet, more or less, to a point on the extension Northeasterly line of said Lot 1, Block, 1 HANKE'S MINIKAHDA TERRACE; thence Southwesterly at right angles and along said extended line a distance of 53 feet, more or less, to the point of beginning, excepting, however, therefrom the Northwesterly 17 feet taken for street opening of Excelsior Boulevard. Subject to easement for driveway purposes as created by deed recorded in the Office of 'the Register of Deeds of Hennepin County, Minnesota, as document No. 2647512, and recorded in 1861 of Deeds, page 269. Subject to a perpetual easement for street, utility, and drainage purposes over that part lying northwesterly of a line drawn parallel with and distant 52.00 feet Southeasterly of the centerline of Excelsior Boulevard, recorded as Document No. 6718583, in the Office of the Register of Deeds of Hennepin County, Minnesota. 2. On November 2, 2011, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a variance to reduce the required distance between the carwash adjacent residential properties from 100 feet to 60 feet. 3. The Planning Commission has 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 Resolution 11-133-2 -3- 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 practical difficulty. 7. The contents of Planning Case File 11 -21 -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 before January 1, 2014. 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 to the Zoning Ordinance requirement of Section 36-194(d)(3), reducing the required distance between a residential property line and an automatic carwash from 100 feet to 60 feet. 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. Reviewe dministration: City Manager Attest: Adopted by the City Council December 5, City Clerk a RESOLUTION NO. 11-133-2 IllA RESOLUTION GRANTING VARIANCE FROM SECTION 36-194(d)(3) OF THE ORDINANCE CODE RELATING TO ZONING TO CONSTRUCT A CARWASH FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT AT 3901 and 3921 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Alberto Bertomeu has applied for a vanance from Section 36-194(d)(3) of the Ordinance Code relating to zoning to construct a carwash for property located in the C-2 General Commercial Zoning District at the following location, to -wit: 3901 Excelsior Boulevard: Property Description Per Certificate of Title No.: 1052108: Parcel 1: All that part of Northeast Quarter of Southeast Quarter of Section 6, Township 28, Range 24 described as follows to -wit: Commencing at the point of intersection of the center line of Excelsior Road with the center line of France Avenue as said Road and Avenue are located and shown on the plat of MENDOZA PARK, thence running Southwesterly along said center line of said Excelsior Road to a point made by the intersection of said center line of said Road and center line of Evergreen Avenue (said center line of said Evergreen Avenue shall be a line parallel with the Southwesterly line of Block 15, MENDOZA PARK and 40 feet Southerly, measured at right angles from Southwesterly line of said Block 15), extended Northwesterly to make said intersection with the center line of said Excelsior Road; thence running Southeasterly along said center line of said Evergreen Avenue until it intersects the center line of France Avenue; thence Northerly along the center line of said France Avenue to the point of commencement. Parcel 2: That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24 described as follows: Commencing at a point made by the intersection of the center line of Excelsior Road and the center line of Evergreen Avenue (said center line of said Evergreen Avenue shall be a line parallel with the Southwesterly line of Block 15, MENDOZA PARK and 40 feet Southerly, measured at right angles from the Southwesterly line of said Block 15) extended Westerly to make said intersection with the center line of said Excelsior Road, thence running Southeasterly along said center line if said Evergreen Avenue until it intersects the center line of France Avenue; thence Southerly along the center line of France Avenue to a point 315.5 feet Southwesterly from the point of intersection of said center line of Excelsior Road with the East line of said Section 6; thence Northwesterly to a point in the center line of Excelsior Road 315.5 feet Southwesterly from the intersection of said centerline of said Excelsior Road with the East Line of said Section 6; thence Northeasterly along the center line of said Excelsior Road to the point of beginning. Subject to easements of the public in France Avenue and Excelsior Road. 3921 Excelsior Boulevard: Parcel A: -Resolution 11-133-2 -2- That part of the Northeast '/ of the Southeast '/ of Section 6, Township 28, Range 24, West of the 4th Principal Meridian, described as follows: Beginning at a point on the Northwesterly line of Lot 1, Block 1, HANKE'S MINIKAHDA TERRACE, which point is 3 feet Southwesterly as measured along the Northwesterly line of said Lot 1, from the Northwest corner thereof; thence Northeasterly along the Northwesterly line of said Lot 1, and same extended, a distance 78.3 feet, and which point is actual point of beginning of the tract of land hereby to be described; thence Southeasterly at right angles a distance of 190.1 feet; thence East a distance of 48 feet, more or less, to a point on the West line of France Avenue South, as the same is now laid out and constructed, which point is 153.2 feet North as measured along the West line of France Avenue South and the East line of Lot 46, Block 1, of said HANKE'S MINIKAHDA TERRACE from the Southeast corner of said Lot 46; thence North along the West line of said France Avenue South a distance of 32.55 feet, more or less, to a point on a line, said line being descnbed as follows: Commencing at the point of intersection of the center of Excelsior Avenue South with the East line of said Section- 6; thence Southwesterly along the center of said avenue 316.5 feet; thence Southeasterly at right angles with said avenue 239.35 feet, more or less, to the point of intersection of said line with the West line of France Avenue, and which point is the point referred to; thence Northwesterly along said last described line 207.9 feet, more or less, to a point on the extension Northeasterly line of said Lot 1, Block, 1 HANKE'S MINIKAHDA TERRACE; thence Southwesterly at nght angles and along said extended line a distance of 53 feet, more or less, to the point of beginning, excepting, however, therefrom the Northwesterly 17 feet taken for street opening of Excelsior Boulevard. Subject to easement for driveway purposes as created by deed recorded in the Office of the Register of Deeds of Hennepin County, Minnesota, as document No. 2647512, and recorded in 1861 of Deeds, page 269. Subject to a perpetual easement for street, utility, and drainage purposes over that part lying northwesterly of a line drawn parallel with and distant 52.00 feet Southeasterly of the centerline of Excelsior Boulevard, recorded as Document No. 6718583, in the Office of the Register of Deeds of Hennepin County, Minnesota. 2. On November 2, 2011, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a variance to reduce the required distance between the carwash adjacent residential properties from 100 feet to 60 feet. 3. The Planning Commission has 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 • • o Resolution' 11-133-2 -3- 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 practical difficulty. 7. The contents of Planning Case File 11 -21 -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 before January 1, 2014. 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 to the Zoning Ordinance requirement of Section 36-194(d)(3), reducing the required distance between a residential property line and an automatic carwash from 100 feet to 60 feet. 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 onginal Resolution No. 11-133-2 adopted at the St. Louis Park City Council meeting held on December 5, 2011. WITNESS my hand and the Seal of the City of St. Louis Park this 26`h day of January, 2011. Nares JGStroth, City Clerk RESOLUTION NO. 11-133-2 •A RESOLUTION GRANTING VARIANCE FROM SECTION 36-194(d)(3) OF THE ORDINANCE CODE RELATING TO ZONING TO CONSTRUCT A CARWASH FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT AT 3901 and 3921 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Alberto Bertomeu has applied for a variance from Section 36-194(d)(3) of the Ordinance Code relating to zoning to construct a carwash for property located in the C-2 General Commercial Zoning District at the following location, to -wit: 3901 Excelsior Boulevard: Property Description Per Certificate of Title No.: 1052108: Parcel 1: All that part of Northeast Quarter of Southeast Quarter of Section 6, Township 28, Range 24 described as follows to -wit: Commencing at the point of intersection of the center line of Excelsior Road with the center line of France Avenue as said Road and Avenue are located and shown on the plat of MENDOZA PARK, thence running Southwesterly along said center line of said Excelsior Road to a point made by the intersection of said center line of said Road and center line of Evergreen Avenue (said center line of said Evergreen Avenue shall be a line parallel with the Southwesterly line of Block 15, MENDOZA PARK and 40 feet Southerly, measured at right angles from Southwesterly line of said Block 15), extended Northwesterly to make said intersection with the center line of said Excelsior Road; thence running Southeasterly along said center line of said Evergreen Avenue until it intersects the center line of France Avenue; thence Northerly along the center line of said France Avenue to the point of commencement. Parcel 2: That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24 described as follows: Commencing at a point made by the intersection of the center line of Excelsior Road and the center line of Evergreen Avenue (said center line of said Evergreen Avenue shall be a line parallel with the Southwesterly line of Block 15, MENDOZA PARK and 40 feet Southerly, measured at nght angles from the Southwesterly line of said Block 15) extended Westerly to make said intersection with the center line of said Excelsior Road, thence running Southeasterly along said center line if said Evergreen Avenue until it intersects the center line of France Avenue; thence Southerly along the center line of France Avenue to a point 315.5 feet Southwesterly from the point of intersection of said center line of Excelsior Road with the East line of said Section 6; thence Northwesterly to a point in the center line of Excelsior Road 315.5 feet Southwesterly from the intersection of said centerline of said Excelsior Road with the East Line of said Section 6; thence Northeasterly along the center line of said Excelsior Road to the point of beginning. Subject to easements of the public in France Avenue and Excelsior Road. 3921 Excelsior Boulevard: Parcel A: Resolution 11-133-2 -2- That part of the Northeast '/ of the Southeast '/ of Section 6, Township 28, Range 24, West of the 4th Principal Meridian, described as follows: Beginning at a point on the Northwesterly line of Lot 1, Block 1, HANKE'S MINIKAHDA TERRACE, which point is 3 feet Southwesterly as measured along the Northwesterly line of said Lot 1, from the Northwest corner thereof; thence Northeasterly along the Northwesterly line of said Lot 1, and same extended, a distance 78.3 feet, and which point is actual point of beginning of the tract of land hereby to be described; thence Southeasterly at nght angles a distance of 190.1 feet; thence East a distance of 48 feet, more or less, to a point on the West line of France Avenue South, as the same is now laid out and constructed, which point is 153.2 feet North as measured along the West line of France Avenue South and the East line of Lot 46, Block 1, of said HANKE'S MINIKAHDA TERRACE from the Southeast corner of said Lot 46; thence North along the West line of said France Avenue South a distance of 32.55 feet, more or less, to a point on a line, said line being described as follows: Commencing at the point of intersection of the center of Excelsior Avenue South with the East line of said Section 6; thence Southwesterly along the center of said avenue 316.5 feet; thence Southeasterly at right angles with said avenue 239.35 feet, more or less, to the point of intersection of said line with the West line of France Avenue, and which point is the point referred to; thence Northwesterly along said last descnbed line 207.9 feet, more or less, to a point on the extension Northeasterly line of said Lot 1, Block, 1 HANKE'S MINIKAHDA TERRACE; thence Southwesterly at nght angles and along said extended line a distance of 53 feet, more or less, to the point of beginning, excepting, however, therefrom the Northwesterly 17 feet taken for street opening of Excelsior Boulevard. Subject to easement for driveway purposes as created by deed recorded in the Office of the Register of Deeds of Hennepin County, Minnesota, as document No. 2647512, and recorded in 1861 of Deeds, page 269. Subject to a perpetual easement for street, utility, and drainage purposes over that part lying northwesterly of a line drawn parallel with and distant 52.00 feet Southeasterly of the centerline of Excelsior Boulevard, recorded as Document No. 6718583, in the Office of the Register of Deeds of Hennepin County, Minnesota. 2. On November 2, 2011, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a variance to reduce the required distance between the carwash adjacent residential properties from 100 feet to 60 feet. 3. The Planning Commission has 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 • • Resoluhori l l-133-2 -3- 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 practical difficulty. 7. The contents of Planning Case File 11 -21 -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 before January 1, 2014. 9. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the vanance is granted is removed. CONCLUSION The application for the variance is granted based upon the findings set forth above, as follows: 1. A variance to the Zoning Ordinance requirement of Section 36-194(d)(3), reducing the required distance between a residential property line and an automatic carwash from 100 feet to 60 feet. 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 ongmal Resolution No. 11-133-2 adopted at the St. Louis Park City Council meeting held on December 5, 2011. WITNESS my hand and the Seal of the City of St. Louis Park this 26`h day of January, 2011. `� Nay troth, City Clerk IIflII II IIA IIII HIIIHI1IIIlffl[t fl III Doc No T4925930 ' Certified, filedand/or recorded on 2/6/12 12 00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Acting Registrar of Titles Mark V Chapin, County Auditor and Treasurer Deputy 45 Pkg ID 772452D Doc Name: Resolution Il - 133- a. Document Recording Fee $46 00 Document Total $46 00 Existing Certs 1052108 This cover sheet is now a permanent part of the recorded document New Certs 111111111111111111111111111111111110111110111111 Doc No A9748103 Certified, filed and/or recorded on 2/3/12 12 00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, Acting County Recorder Mark V Chapin, County Auditor and Treasurer Deputy 52 Pkg ID 772297M Doc Name: Resolution j 1— i 33-a Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document