HomeMy WebLinkAbout15-024 - ADMIN Resolution - City Council - 2015/02/17RESOLUTION NO. 15-024
RESOLUTION DENYING APPLICATION FOR
ZONING TEXT AMENDMENTS
BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota that the
following Findings and Decision are adopted denying the Application of James T. Smith on behalf
of Martin Bell for zoning text amendments.
BACKGROUND
• On or about December 3, 2014, Attorney James T. Smith ("Applicant") on behalf of his
client Martin Bell filed an Application with the City requesting certain zoning text
amendments. Mr. Bell is the owner of certain property in the City which is zoned
Industrial Park.
• Applicant has proposed text amendments labeled (i) and (ii) which are submitted for the
purported purpose of making the existing illegal use of Mr. Bell's property located at 2011
Flonda Avenue for outside storage a legal non -confirming use.
• Applicant has also proposed a text amendment (iii) which would generally make outdoor
storage an allowed pnncipal use of property by a conditional use permit in the lndustnal
Park District.
• A public heanng was held before the Planning Commission on January 7, 2015.
• On January 21, 2015, the Planning Commission unanimously adopted a motion
recommending denial of all proposed text amendments.
FINDINGS AND DECISION
1. Proposed Text Amendments (i) and (ii) are denied for the following reasons.
a. The existing language in City Code Section 36-4 is clear. There is no reason to
modify the terminology.
b. The existing language in the zoning ordinance relating to accessory uses and the
application of the term to parking lots is clear. There is no need to modify the
language.
c. The use of Mr. Bell's property at 2211 Florida Avenue by his tenant Tim's Tree
Service is an illegal use as determined by City staff, which interpretation has been
upheld by BOZA and the City Council. The use cannot be transformed into a legal
non -conforming use by any amendment to the zoning ordinance since it was illegal
at the time it was established.
d. The Tim's Tree Service use of Mr Bell's property can only become a legal use by a
general text amendment allowing outdoor storage as an allowed use in the
Industrial Park District.
Resolution No. 15-024 -2-
2. Proposed Text Amendment (iii) allowing outdoor storage as a pnncipal use in the
Industrial Park District by conditional use permit is denied for the following
reasons:
a. Allowing outdoor storage as a principal use in the Industrial Park Zoning District is
inconsistent with the purpose and intent of the district as an "industnal park setting"
in which uses are primarily conducted inside and the buildings and landscaping are
of a higher aesthetic standard.
b. The area in which the property owned by Mr. Bell is located was the subject of two
different zoning studies in 1989 and 1991. The area is adjacent to residential
properties. Based upon these studies, the area was rezoned from General Industrial
to Industrial Park to lessen the potential impact of heavier industrial uses allowed in
the General Industrial District, such as outside storage as a pnncipal use
endm
W, THEREFORE, BE IT RESOLVED that the application for zoning text
is is hereby denied.
Revie es' fir;alis.. stration:
11.
City'7. a'er
Attest:
City Clerk
Adop ed bly the 'ty Council February 17, 2015
Mayor,
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