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HomeMy WebLinkAbout14-040 - ADMIN Resolution - City Council - 2014/03/03• • RESOLUTION NO. 14-040 RESOLUTION GRANTING A VARIANCE TO ALLOW A 76 FOOT VARIANCE TO THE REQUIRED 100 FOOT SETBACK BETWEEN A RESTAURANT WITH INTOXICATING LIQUOR LICENSE AND PROPERTY THAT IS RESIDENTIALLY ZONED AND USED. THE PROPERTY IS LOCATED AT 8128 MINNETONKA BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. On November 15, 2013, Bin & Keg LLC applied for a variance from the requirements of Section 36-194(4)(b) of the Zoning Ordinance to allow a 24 foot setback instead of the required 100 feet between a Restaurant with Intoxicating Liquor License and Residential Zoned and Used property. The property is located in the C-2 Zoning District at the following location, to -wit: Par 1: Lots 24, 25, 27 and 28, Block 4 Texa-Tonka Addition. Par 2: Tracts A, B and C, Registered Land Survey No. 176, Hennepin County, Minnesota. Par 3: The West 130 feet of the North 160 feet of the East 210 feet of the South 293 feet of all that part of the Southeast Quarter of the Southeast Quarter of Section 7, Township 117, Range 21 commencing at the Northwest corner of the Southeast Quarter of the Southeast Quarter of said Section; thence East along the North line of said Southeast Quarter of Southeast Quarter a distance of 438.5 feet; thence turning South at right angles and running to the South line of said Southeast Quarter of Southeast Quarter; thence West along said South line a distance of 437.8 feet to the Southwest corner of said southeast Quarter of Southeast Quarter; thence North to place of beginning, excepting therefrom the Great Northern Railroad right of way, said right of way being a strip of land 100 feet wide, being 50 feet wide on each side of the center line of the railway of the Great Northern Railway as now constructed across said land. Par 4: Lots 14, 16, 17, 18. 19. 20, 21, 22, 23, 24, 25, 26, and 27 and Lot 15, except that part thereof lying Southeasterly of a line drawn from a point on the South line of said lot line distant 18 feet West of the Southeast corner of said Lot 15 to a point on the East line of said Lot distant 18 feet North of said Southeast corner. All in Block 2, Texa-Tonka Addition. 2. On December 18, 2013, 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 100 foot setback for a restaurant with intoxicating liquor license to a residential property. 3. The Planning Commission has considered the effect of the proposed variance upon the o 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. Resolution No. 14-040 -2- 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. There are practical difficulties in complying with the Zoning Ordinance. The proposed use will be located in an existing mall, and the existing building serves as a buffer between the residential neighborhood and the front entrance of the proposed restaurant. 7. The contents of Planning Case File 13 -41 -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 to allow a restaurant with intoxicating liquor license to be located 24 feet from a property zoned residential and used for residential purposes instead of the required 100 feet is granted based upon the findings set forth above, and with the following conditions: 1. The variance shall be null and void if the liquor license applied for by Bin & Keg, LLC in November of 2013 is not approved by the City Council. 2. The variance shall be null and void if the use is discontinued for more than one year. 3. The variance is applicable to that portion of the mall proposed to be occupied by Bin & Keg, LLC as represented in the attached floor plan labeled "Exhibit A". The restaurant cannot be panded in floor area without further amending this variance. e I ity Clerk is instructed to record certified copies of this resolution in the Office of the enn .. in County Register of Deeds or Registrar of Titles as the case may be. City' anager Mayor Administration: Adopted by he City Council March 3, 2014 L Attest: City Clerk