The URL can be used to link to this page

Home My WebLink About12-035 - ADMIN Resolution - City Council - 2012/02/21• RESOLUTION NO. 12-035 A RESOLUTION GRANTING VARIANCE FROM SECTION 36-167 OF THE ORDINANCE CODE RELATING TO ZONING TO REDUCE THE REAR YARD SETBACK FOR PROPERTY LOCATED IN THE R -C — HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL ZONING DISTRICT AT 1324 AND 1332 KENTUCKY AVENUE SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Viren Gori has applied for a variance from Section 36-167 of the Ordinance Code relating to zoning to reduce the rear yard setback from 37.5 feet to 25 feet for property located in the R -C High Density Multiple Family Residential Zoning District at the following location, to - wit: Parcel 1 That part of Lots 355 and 356, "Richmond", lying Southeasterly of the following described line; Beginning at a point on the West line of said Lot 356, distant 3 feet North of the Southwest corner thereof; thence run Northeasterly to the Northeast corner of Lot 355, said Richmond and there terminating, except any portion thereof taken for highway or street purposes, Hennepin County, Minnesota Parcel 2 • F Lots 357 and 358, Richmond, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota 2. On January 18, 2012, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a variance to reduce the rear yard setback from 37.5 feet to 25 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, fight 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. 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. • Resolution No. 12-035 -2- 7. The contents of Planning Case File 11 -34 -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. The Zoning Variance approval allows for a reduction in the setback along the south property line from a minimum distance of 37.5 feet to a minimum distance of 25 feet. e C' Clerk is instructed to record certified copies of this resolution in the Office of the ennepi . County Register of Deeds or Registrar of Titles as the case may be. Reviewer .o • dmimstration: Adopted by the City Council February 21, 2012 giTili iiMum ) 0 City M . ! .: !! f Mayor Attest: )L4 iC City Clerk /ki RESOLUTION NO. 12-035 A RESOLUTION GRANTING VARIANCE FROM SECTION 36-167 OF THE ORDINANCE CODE RELATING TO ZONING TO REDUCE THE REAR YARD SETBACK FOR PROPERTY LOCATED IN THE R -C — HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL ZONING DISTRICT AT 1324 AND 1332 KENTUCKY AVENUE SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Viren Gori has applied for a variance from Section 36-167 of the Ordinance Code relating to zoning to reduce the rear yard setback from 37.5 feet to 25 feet for property located in the R -C High Density Multiple Family Residential Zoning District at the following location, to - wit: Parcel 1 That part of Lots 355 and 356, "Richmond", lying Southeasterly of the following described line; Beginning at a point on the West line of said Lot 356, distant 3 feet North of the Southwest corner thereof; thence run Northeasterly to the Northeast corner of Lot 355, said Richmond and there terminating, except any portion thereof taken for highway or street purposes, Hennepin County, Minnesota Parcel 2 Lots 357 and 358, Richmond, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota 2. On January 18, 2012, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a variance to reduce the rear yard setback from 37.5 feet to 25 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 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. Resolution No. 12-035 -2- 7. The contents of Planning Case File 11 -34 -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. The Zoning Variance approval allows for a reduction in the setback along the south property line from a minimum distance of 37.5 feet to a minimum distance of 25 feet. e Clerk is instructed to record certified copies of this resolution in the Office of the ennepi , County Register of Deeds or Registrar of Titles as the case may be. Reviewe' .o i • dministration: hi utmEmbh.1r7 w . City M Attest: City Clerk Adopted by the City Council February 21, 2012 Mayor 9 • • w uIIo II IU II 11 1 1111 Doc No A9763392 Certified, filed and/or recorded on 3/14/12 12 00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, Acting County Recorder Mark V Chapin, County Auditor and Treasurer Deputy 11 Doc Name: Variance 1 x.63, Document Recording Fee Pkg ID 784305M $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document • m JCITY OF ST LOUIS PARK Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN _1 ss CITY OF ST. LOUIS PARK ) The undersigned hereby certifies the following: "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No. 12-035 adopted February 21, 2012, and on file in the Office of the City Clerk. 2) The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St. Louis Park. Nancy J. Stf6th City Clerk Date: March 1, 2012