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Home My WebLink About15-110 - ADMIN Resolution - City Council - 2015/08/03• RESOLUTION NO. 15-110 RESOLUTION GRANTING VARIANCES TO ALLOW AN INCREASE IN RESIDENTIAL DENSITY FROM 30.0 TO 36.0 UNITS PER ACRE AND AN INCREASE IN FLOOR AREA RATIO FROM 0.7 TO 1.0 FLOOR AREA RATIO FOR PROPERTY LOCATED AT 5707 HIGHWAY 7 BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1 Bel Minneapolis Holdings LLC has applied for variances to allow an increase in the residential density from 30.0 units per acre to 36.0 units per acre and an increase in the floor area ratio from 0 7 to 1.0 under Sections 36-166(g)(4) and 36-166(g)(2) of the Ordinance Code relating to zoning to dimensional standards for property located in the R- 4 Multiple Family Residence zoning district at the following location, to -wit: Lot 1, Auditor's Subdivision Number 249, Hennepin County, Minnesota (Torrens Certificate No. 651838) 2. On July 15, 2015, the Planning Commission held a public hearing, discussed the application, and moved approval of the requested variances. 3. The Planning Commission and City Council have considered the effect of the proposed 0 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 hardship or difficulty 7. The hardship was created by the taking of land by the Minnesota Department of Transportation for public purposes. The 1989 approvals of this development contemplated this portion of the property would be needed for public purposes related to the future LRT. 8 The contents of Planning Case File 15 -25 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case Resolution No. 15-110 -2- 9. Under the Zoning Ordinance, these variances shall be revoked and cancelled if the building or structure for which the variances are granted is removed. CONCLUSION The following variances are granted based upon the findings set forth above, as follows: 1 A variance allowing an increase in residential density from 30.0 units per acre to 36 0 units per acre, and 2. A variance allowing an increase in the floor area ratio from 0 7 to 1.0. The above variances are granted subject to the following conditions: 1. The site shall be developed, used and maintained in conformance with the Official Exhibits of Case File 88 -63 -SP & 89 -63 -SP, except as to the lot size impacts resulting from the taking by MN DOT of 1,048 square feet of property for Highway 100 as depicted on the ALTA/ACSM Land Title Survey dated February 2, 2014. Assent form and official exhibits must be signed by the applicant. he City Clerk is instructed to record certified copies of this resolution in the Office of the nnepin County Register of Deeds or Registrar of Titles as the case may be. Revie e• fo Administration: Adopted by the City Council August 3, 2015 i City Attest: Mayor • 111111111 Existing Certs 1324921 Deputy 116 01111111111111111111111111111111111111111111 Doc No T05287625 Certified, filed and/or recorded on Sep 3, 2015 8 03 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer kes. No. is -iso Pkg ID 1289748M Document Recording Fee $46 00 Document Total $46 00 RECEIVED I SE 1P2015 OFFICE OF THE CITY CLERK/ This cover sheet is now a permanent part of the recorded document • CITYT OF SLOUIS PARK Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPii.T ) 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. 15-110 adopted August 3, 2015 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 Meliss. ennedy City Clerk Date- August 26, 2015 • RESOLUTION NO. 15-110 RESOLUTION GRANTING VARIANCES TO ALLOW AN INCREASE IN RESIDENTIAL DENSITY FROM 30.0 TO 36.0 UNITS PER ACRE AND AN INCREASE IN FLOOR AREA RATIO FROM 0.7 TO 1.0 FLOOR AREA RATIO FOR PROPERTY LOCATED AT 5707 HIGHWAY 7 BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: ✓ Findings 1 Bel Minneapolis Holdings LLC has applied for variances to allow an increase in the residential density from 30.0 units per acre to 36 0 units per acre and an increase in the floor area ratio from 0 7 to 1.0 under Sections 36-166(g)(4) and 36-166(g)(2) of the Ordinance Code relating to zoning to dimensional standards for property located in the R- 4 Multiple Family Residence zoning district at the following location, to -wit Lot 1, Auditor's Subdivision Number 249, Hennepin County, Minnesota. ✓ (Torrens Certificate No. 651838) 2. On July 15, 2015, the Planning Commission held a public hearing, discussed the application, and moved approval of the requested variances. 3 The Planning Commission and City Council have 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 m 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 hardship or difficulty. 7. The hardship was created by the taking of land by the Minnesota Department of Transportation for public purposes. The 1989 approvals of this development contemplated this portion of the property would be needed for public purposes related to the future LRT 8 The contents of Planning Case File 15 -25 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. • • Resolution No. 15-110 -2- 9. Under the Zoning Ordinance, these variances shall be revoked and cancelled if the building or structure for which the variances are granted is removed CONCLUSION The following variances are granted based upon the findings set forth above, as follows - 1. A variance allowing an increase in residential density from 30.0 units per acre to 36.0 units per acre, and 2. A variance allowing an increase in the floor area ratio from 0 7 to 1.0. The above variances are granted subject to the following conditions: 1. The site shall be developed, used and maintained in conformance with the Official Exhibits -of Case File 88 -63 -SP & 89 -63 -SP, except as to the lot size impacts resulting from the taking by MN DOT of 1,048 square feet of property for Highway 100 as depicted on the ALTA/ACSM Land Title Survey dated February 2, 2014 Assent form and official exhibits must be signed by the applicant. he City Clerk is instructed to record certified copies of this resolution in the Office of the nnepin County Register of Deeds or Registrar of Titles as the case may be Revie es fo Administration: Adopted by the City Council August 3, 2015 City Attest -