HomeMy WebLinkAbout2018/11/27 - ADMIN - Agenda Packets - Board of Zoning Appeals - Regular
AGENDA
BOARD OF ZONING APPEALS
COUNCIL CHAMBERS
6:00 P.M.
NOVEMBER 27, 2018
1. Call to Order – Roll Call
2. Approval of Minutes: May 24, 2018
3. Consent Agenda: None
4. Public Hearings
A. Variances: Texa-Tonka Shopping Center
Location: 8000 Minnetonka Blvd.
Applicant: Paster Properties, Mike Sturdivant
Case Nos. 18-61-VAR, 18-62-VAR
B. Variance: Variance to required minimum parking spaces
Location: 6538 Lake Street
Applicant: Alex Brose
Case No. 18-66-VAR
5. Old Business
6. New Business
7. Communications
8. Miscellaneous
9. Adjournment
If you cannot attend the meeting, please call the Community Development Office, 952/924-2572.
Auxiliary aides for individuals with disabilities are available upon request. To make arrangements,
please call 952/928-2840 at least 96 hours in advance of meeting.
UNOFFICIAL MINUTES OF MAY 24, 2018
BOARD OF ZONING APPEALS
COUNCIL CHAMBERS
CITY OF ST. LOUIS PARK
Members present: Anthony Howard, Justin Kaufman, Paul Roberts
Members absent: James Gainsley, Henry Solmer
Staff present: Gary Morrison, Joseph Ayers-Johnson, Jacquelyn Kramer
1. Call to Order – Roll Call
Chair Kaufman called the meeting to order at 6:00 p.m.
2. Approval of Minutes of March 22, 2018
Chair Kaufman made a motion to approve the minutes of March 22, 2018. The
motion passed on a vote of 3-0.
3. Consent Agenda: None
4. Public Hearings
A. Variance: Rear yard setback for attached garage
Location: 4054 Raleigh Avenue South
Applicant: Jason and Karen Dean
Case No.: 18-17-VAR
Joseph Ayers-Johnson, community development intern, presented the staff report.
The applicant requests a 14 foot variance to the required 25 foot rear yard for an
attached garage. If approved, the house and attached garage would be located 11
feet from the rear lot line. He explained that the applicant wants to construct an
attached two-car garage to the rear of the home which will provide sheltered,
handicap access to the house for a permanently disabled family member.
Mr. Ayers-Johnson provided analysis of the request. He noted that generally staff
would not support this variance request because the homeowners have the ability
to build a legal alternative, a two-car detached garage. He explained that under
ADA regulations, reasonable accommodations should be considered for
community members with disabilities. He reviewed the criteria for granting a
variance.
Chair Kaufman opened the public hearing. As no one was present wishing to
speak he closed the public hearing.
Unofficial Minutes
Board of Zoning Appeals
May 24, 2018
Page 2
Mr. Roberts stated the request regards special circumstances and it is in concert
with the city’s desire for move-up housing.
Mr. Howard said he agreed with the accommodation.
The Chair made a motion recommending adoption of a resolution approving a 14
foot variance to the required 25 foot rear yard to construct an attached garage at
4054 Raleigh Ave. S. The motion was approved on a vote of 3-0.
B. Variance: Indoor entertainment/restaurant gross floor area maximum
and parking variance for VR entertainment business
Location: 4930 West 35th Street
Applicant: REM5, LLC
Case Nos.: 18-18-VAR, 18-19-VAR
Jacquelyn Kramer, associate planner, presented the staff report. The request is
for two variances for a virtual reality (VR) entertainment business. The first
variance would increase the amount of gross floor area in a multi-use building to
be used by indoor entertainment/restaurant uses from 25% to 50%. The second
variance would decrease the amount of required off-street parking by 81 spaces
from 147 to 66.
Ms. Kramer reviewed criteria for both variances and stated staff finds the requests
do meet criteria.
Ms. Kramer reviewed conditions of approval.
Mr. Roberts asked if the new parking is on the west side. He asked about the
location of the main entrance.
Ms. Kramer showed the main entrance adjacent to parking.
Mr. Roberts asked about the parking requirement for the fitness facility.
Ms. Kramer responded the requirement is 45 spaces for the two studio uses.
Mr. Howard asked why the VR business would be limited to 25% of the gross
floor area of the building.
Ms. Kramer said that is because it is a single story multi-use building. That
condition applies to both indoor entertainment and restaurant in Business Park
District.
Unofficial Minutes
Board of Zoning Appeals
May 24, 2018
Page 3
The Chair opened the public hearing.
Mark Frederickson, 5000 W. 35th St., asked about expected operating hours. He
asked if there would be lots of customers at certain times of day.
Amir Berejian, applicant, said they don’t anticipate heavy flow of people, even at
the busiest hours, because they don’t have a lot of capacity for that. He said a
comparable concept would be a bowling alley. The business has four pods, with
eight people per pod. He explained the restaurant area is really more of a waiting
area. They would expect at most 40 people and about 20 cars. Hours of
operation are weeknights and weekends. Daytime traffic could occur with one
school bus per day for education and enterprise use.
Mary Kosters, 3501 Raleigh, said she owns the building across the street from the
facility. She said they’ve seen a lot of change. She stated she is concerned about
the long term plan for this area. Most of the properties are still industrial in that
area. She said with recent commercial businesses in the area the existing
industrial uses have problems with nighttime activity in their parking lots with
more people hanging around, more vandalism, and cars broken into.
Ms. Kosters commented that the business will have to have enough customers to
make money. She asked how they will make money with 40 customers. If it is
successful there will be lots of people there. She asked about the bigger picture.
What will tomorrow bring? She said she was okay with VR but now she’s
hearing about a restaurant and alcohol. She said she wondered about liquor
licenses. Ms. Kosters said her business has massive amounts of semi-trucks
coming in each morning. It’s a push and pull of who is supposed to be there.
Retail, entertainment, drinking, industry? She said after 25 years it is changing.
Mr. Berejian said in terms of city’s vision for the area he can’t answer. He said
Steel Toe has been successful and nearby Excelsior Blvd. has changed. He said
they are a VR business first. The key to success is to make it a social experience
not an isolating experience. He said all they will have is pizza, beer and wine.
The purpose of the food, beer and wine is to keep people in their space and doing
VR for longer periods of time because that is where they are making money, not
with food. Mr. Berejian said it is in their best interest to make sure their
customers are responsible because their equipment is very expensive. He said
they will have safety plans in place regarding alcohol.
As no one else was present wishing to speak, the Chair closed the public hearing.
Mr. Howard commented that the code was not written with VR in mind. He said
the limit of eight pods seems to eliminate a parking concern. He said he doesn’t
expect there will be reckless customer drinking in this business. He said he
agrees with the staff recommendation.
Unofficial Minutes
Board of Zoning Appeals
May 24, 2018
Page 4
Ms. Kosters stated that we don’t yet know what VR is, so we don’t yet know how
it will operate.
Mr. Roberts asked how long the district has been zoned Business Park.
Mr. Morrison responded it has been about five years. Industrial uses are still
allowed in the Business Park district.
Mr. Roberts commented that the future uses aren’t as industry heavy. He said
there has been a transparent change to zoning. He said VR sounds similar to
bowling and virtual golf operations. He said he can’t see any reason to object to
the variance requests.
Mr. Morrison provided background on why this zoning was changed. He said it
was a long process. Property owners were able to opt out. He said staff is
sensitive to it being a transition area. He added that the city relies on all
departments to come together and help with transition areas.
Mr. Roberts made a motion to approve a variance from the minimum parking
spaces required on the site from 147 spaces to 66 spaces and approving a variance
increasing the maximum amount of gross floor area used as indoor
entertainment/restaurant in a multi-use building from 25% to 50%. The motion
passed on a vote of 3-0.
5. Old Business
6. New Business
7. Communications
8. Miscellaneous
9. Adjournment
The meeting was adjourned at 6:40 p.m.
A study session followed the regular meeting.
Unofficial Minutes
Board of Zoning Appeals
May 24, 2018
Page 5
STUDY SESSION
1. Council Chambers security training
2. Sign variances
Mr. Morrison summarized sign regulations and how important it is that the
regulations apply equitably to all properties.
Respectfully submitted,
Nancy Sells
Recording Secretary
Board of Zoning Appeals
Meeting Date: November 27, 2018
Agenda Item: 4A
4A. Texa-Tonka Shopping Center Variance Request
Location: 8000 Minnetonka Boulevard
Case Nos.: 18-61-VAR, 18-62-VAR
Applicant: Paster Properties, Mike Sturdivant
Recommended motion: Motion to recommend approval of the variance requests
with conditions as recommended by staff.
REQUEST: The applicant, Mike Sturdivant representing Paster Properties, is requesting:
• A variance from Section 36-194(D)(4) on the distance a restaurant with intoxicating
liquor shall be from residentially zoned and used properties from 100ft to 12ft.
• A variance from Section 36-361(c)(3) Parking to reduce the required parking from 251
spaces to 160.
SITE INFORMATION:
Current land use guidance: COM-Commercial Surrounding land uses:
North: residential
East: commercial & vacant parking lot
South: commercial
West: commercial
Current zoning: C-2 General Commercial
Site area: 141,501 sf (3.25 acres)
Current use: Shopping Center
Proposed use: Shopping Center
Meeting of November 27, 2018 Page 2
Subject: Texa-Tonka Shopping Center Variance Request
BACKGROUND AND PROPOSAL: Paster Properties, has a purchase agreement to buy the
Texa-Tonka Shopping Center, located at the northwest quadrant of Minnetonka Boulevard and
Texas Avenue. The 51,500 square foot shopping center was constructed in 1951 with
approximately 180 parking spaces, and has operated since as a successful and affordable retail
center with a variety of uses. Uses have included a combination of small retail, restaurants,
hardware and grocery stores. The center was renovated in 1975 when the current façade was
installed. Minimal investments have been made since that time. Paster Properties would like to
purchase the building and update the site and façade to create a more attractive neighborhood
commercial destination.
Today the shopping center operates as a non-conforming use, as 248 parking spaces are required
based on the current uses. There are currently 181 spaces on site, a non-conformity of 67 spaces.
The applicant proposes to remodel the building’s exterior and reduce the size of the shopping
center from 52,000 square feet to 48,000 square feet to accommodate an outdoor gathering space
and landscaping. The plans are attached for your review, and in summary include:
• A reduction in overall building size from 52,000 square feet to 48,000 square feet by
splitting the building in two
• A 4,000 sf greenspace between the buildings with room for a 1,280 sf dining area
• Additional landscaping within the parking lot and surrounding the site
• Reduction of 19 parking spaces from the site to accommodate the additional landscaping
• Addition of 24 bicycle parking stalls
• New site signage; the non-conforming rooftop signs have already been removed
• Addition of rooftop solar panels to help the city achieve its Climate Action Plan goals
• The applicant would also like to add other uses to the property, including up to 5,500
square feet of restaurant space with 1,280 square feet of outdoor dining, and 3,000 square
feet for a coffee shop. These new uses, in addition to the existing retail, would require
251 parking spaces on site.
The applicant is requesting two variances on the property. In the C-2 General Commercial
districts, restaurants with intoxicating liquor licenses are required to be a minimum of 100 feet
from any parcel that is zoned residential or used for a residential use. The applicant proposes a
minimum setback of 12 feet from residential uses for any future restaurant with intoxicating
liquor licenses. The applicant is also seeking a parking variance to reduce the amount of required
parking from 251 spaces to 160 spaces, a variance of 91 spaces.
Applicable Zoning Regulations: The sections of city code that are the subject of the variances are
as follows:
City Code Section 36-194(d)(4)
Restaurants with intoxicating liquor license. Buildings shall be located a
minimum of 100 feet from any parcel that is zoned residential and used or
subdivided for residential or has an occupied institutional building including but
not limited to a school, religious institution or community center.
City Code Section 36-361(c)(3)
Parking minimum for restaurant: One space per each 60 sq. ft. floor area.
Parking minimum for retail: One space per each 250 sq. ft. floor area
ZONING ANALYSIS: Section 36-33(d) of the Zoning Ordinance states that the Board of
Zoning Appeals may grant variances from the strict application of the provisions of the Zoning
Ordinance and impose conditions and safeguards.
Meeting of November 27, 2018 Page 3
Subject: Texa-Tonka Shopping Center Variance Request
As required by City Code, the Board of Zoning Appeals (BOZA) considers the following prior to
ruling on a variance. Staff has provided an analysis of each point below.
1. The effect of the proposed variance upon the health, safety and welfare of the
community.
Restaurant setback: Best of India is a restaurant that currently operates at this location
serving beer & wine. Previously, Thanh Do (Kai & Little Crustacean) had operated as a full
service restaurant serving alcohol. The applicant intends on bringing into the center another
local full service restaurant and also a neighborhood coffee shop, both potentially serving
alcohol.
Parking Reduction: The reduction in parking requirements will not have a significant impact
on the community as the shopping center has operated with sufficient parking for many
years. The applicant is proposing a reduction in the overall square footage of the property and
is also increasing the number of bicycle parking. This will not only reduce the amount of
leasable space, but also increases the amount of public gathering space and landscaping.
Existing parking, at 181 stalls, does not meet the current shopping center parking
requirements.
There are no record of complaints filed regarding parking on this property.
2. Whether or not the request is in harmony with the general purposes and intent of the
ordinance.
Staff finds that this criterion has been satisfied for both requests. The Texa-Tonka Shopping
Center has operated as a shopping center for decades.
3. Whether or not the request is consistent with the comprehensive plan.
Staff finds that this criterion has been satisfied for both requests. The 2030 Comprehensive
Plan guides the site as commercial.
4. Whether or not the applicant for the variance establishes that there are practical
difficulties in complying with the zoning ordinance. “Practical difficulties,” as used in
connection with the granting of a variance, means that:
a. The property owner proposes to use the property for a land use permitted in the
zoning district in which the land is located. A variance can be requested for
dimensional items required in the zoning ordinance, including but not limited to
setbacks and height limitations.
Restaurant setback: A shopping center with restaurant uses is allowed in the C-2
General Commercial zoning district. The variance is requested for dimensional items
regarding the 100 foot setback for intoxicating liquor sales. Staff finds that this
criterion has been satisfied.
Parking reduction: A shopping center is allowed in the C-2 General Commercial
zoning district. The variance request is for a reduction in required parking. Staff finds
that this criterion has been satisfied.
b. The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
Restaurant setback: The need for the variances is due to the unique circumstances of
the property and the location of the existing building. When the building was
constructed in the 1950s, it was constructed as a typical strip commercial center, with
Meeting of November 27, 2018 Page 4
Subject: Texa-Tonka Shopping Center Variance Request
the building placed near the rear property line and parking in front. If this building
was constructed today, there would be room to locate the building closer to the
Minnetonka Boulevard and the applicant would be able to meet the minimum 100
foot setback. Staff finds that this criterion has been satisfied.
Parking reduction: The need for the variance is due to the existing parking conditions
of the property. The existing onsite parking stall counts do not meet the current code.
The existing center is located in a transit connected, walkable and bikeable
community. The proposed redesign will enhance these elements even more with
greater pedestrian connections, bike parking, and public gathering space which
encourages different modes of transportation other than vehicular traffic. Staff finds
that this criterion has been satisfied.
c. The variance, if granted, will not alter the essential character of the locality.
Staff finds that this criterion has been satisfied for both variance requests. In addition,
the reinvestment to the shopping center parking area will enhance the character and
walkability of the area by cleaning up the parking lot and adding green space.
d. Economic considerations alone do not constitute practical difficulties.
Restaurant setback: Without the variances restaurants with intoxicating liquor will not
be able to operate at this site. Staff finds that this criterion has been satisfied.
Parking reduction: Without the variances, the shopping center would continue to
operate as legally non-conforming. Staff finds that this criterion has been satisfied.
e. Practical difficulties include inadequate access to direct sunlight for solar energy
systems.
This criterion is not applicable to this application.
5. Whether or not there are circumstances unique to the property include the shape,
topography, water conditions, or other physical conditions unique to the property.
The building was constructed in the 1950s, and there are significant grade changes between
the shopping center property and the residential properties to the north. A zero to eight foot
high retaining wall with a six foot high fence on top separate the adjacent residential uses
from the site, thus reducing the need for the setback requirement. Paster properties plans to
replace the deteriorating existing six foot high fence with a new fence as part of the site
updates.
Meeting of November 27, 2018 Page 5
Subject: Texa-Tonka Shopping Center Variance Request
6. Whether or not the granting of the variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant.
Restaurant setback: Restaurants serving liquor previously have operated in the shopping
center. Restaurants and a coffee shop are permitted uses under the current zoning ordinance.
Restaurant area(s) proposed will not exceed 5,500 SF. Coffee shop area(s) proposed will not
exceed 3,000 SF.
Parking reduction: A reduction in the required parking would allow for the center to continue
to operate as it has now and into the future. It will also allow for the proposed enhancements
in pedestrian and bikeway connections.
7. The granting of the 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, or endanger public safety.
Staff finds that this criterion has been satisfied for both requests.
8. Whether or not the granting of the variance will not merely serve as a convenience to
the applicant but is necessary to alleviate a practical difficulty.
Staff finds that this criterion has been satisfied for both requests.
NEIGHBORHOOD MEETING: A neighborhood meeting was held on November 15, 2018 to
introduce Paster Properties to the neighborhood and to inform the community regarding the
reinvestment planned for the shopping center. Approximately 35 people were in attendance and
voiced overwhelming support for the project. Staff summarized the variance requests and no
concerns were raised. Several comments were made that there has not been a parking issue on
site for over thirty years and they were in favor of granting the variance. There were also no
concerns voiced regarding the distance of restaurants selling intoxicating liquor. Some people
mentioned that previous restaurants on site sold liquor and there were never any issues. The
community is very excited and supportive of the reinvestment of the Texa-Tonka Shopping
Center.
Prepared by: Jennifer Monson, Planner
Reviewed by: Gary Morrison, Assistant Zoning Administrator
Meeting of November 27, 2018 Page 6
Subject: Texa-Tonka Shopping Center Variance Request
VARIANCE
BOZA RESOLUTION NO. 04-18
A RESOLUTION GRANTING A VARIANCE FROM SECTIONS 36-194(D)(4) AND 36-
361(C)(3) OF THE ZONING ORDINANCE TO ALLOW A SETBACK OF 12 FEET FOR
RESTAURANTS WITH INTOXICATING LIQUOR LICENSE, AND ALLOW 160
PARKING SPACES INSTEAD OF THE REQUIRED 251 PARKING SPACES AT 8000
MINNETONKA BOULEVARD.
BE IT RESOLVED BY the Board of Zoning Appeals of St. Louis Park, Minnesota:
FINDINGS
1. On October 8, 2018, Mike Sturdivant (Paster Properties) applied for a variance from the
requirements of Section 36-233(D)(4) and Section 36-361(C)(3) of the Zoning Ordinance
to allow a setback of 12 feet from residential properties for restaurants with intoxicating
liquor licenses and to allow 160 parking spaces instead of the required 251 spaces to
operate a shopping center with retail, up to 5,500 square feet of restaurant uses and up to
3,000 square feet for coffee shop uses in the C-2 General Commercial District at the
following location, to-wit:
PARCEL 1:
LOTS 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 AND LOT 15, EXCEPT
THAT PART THEREOF LYING SOUTHEASTERLY OF A LINE DRAWN
FROM A POINT ON THE SOUTH LINE OF SAID LOT DISTANT 18 FEET
WEST OF THE SOUTHEAST COMER OF SAID LOT 15 TO A POINT ON
THE EAST LINE OF SAID LOT DISTANT 18 FEET NORTH OF SAID
SOUTHEAST COMER, ALL IN BLOCK 2, TEXA-TONKA ADDITION,
HENNEPIN COUNTY, MINNESOTA.
PARCEL 2:
THAT PART OF LOT 1 LYING WEST OF A LINE DRAWN FROM A POINT
ON THE NORTHWESTERLY LINE OF SAID LOT 1 DISTANT 76.85 FEET
NORTHEASTERLY FROM THE MOST WESTERLY COMER THEREOF TO
A POINT ON THE SOUTHERLY LINE OF SAID LOT 1 DISTANT 61.8 FEET
EASTERLY FROM THE MOST WESTERLY COMER THEREOF,
REARRANGEMENT IN PART OF BLOCK 2, TEXA-TONKA ADDITION,
HENNEPIN COUNTY, MINNESOTA.
TORRENS PROPERTY
2. The Board of Zoning Appeals has reviewed the application for Variance Case No. 18-61-
VAR, 18-62-VAR.
3. The shopping center has been in existence since 1951 and has operated successfully with
a variety of uses with less parking than required by zoning.
Meeting of November 27, 2018 Page 7
Subject: Texa-Tonka Shopping Center Variance Request
4. The Board of Zoning Appeals has considered the effect of the proposed variances upon
the health, safety and welfare of the community, and existing and anticipated traffic
conditions. Past businesses have operated as full service restaurants serving alcohol. The
reduction in parking requirements will not have a significant impact on the community as
the shopping center has operated with sufficient parking for many years. The applicant is
proposing a reduction in the overall square footage of the property and is also increasing
the number of bicycle parking. This will not only reduce the amount of leasable space,
but also increases the amount of public gathering space and landscaping.
5. There are significant grade changes between the property and adjacent residential uses to
the north, including an eight foot high terraced retaining wall with a six foot high fence
on top. The difference in topography between uses reduces the impact of a restaurant use
on adjacent residential properties, lessening the need for a large setback.
6. The plight of the landowner is due to circumstances unique to the property not created by
the landowner. The need for the variances is due to the unique circumstances of the
property and the location of the existing building. When the building was constructed in
the 1950s, it was constructed as a typical strip commercial center, with the building
placed near the rear property line and parking in front. The existing onsite parking stall
counts do not meet the current code. The existing center is located in a transit connected,
walkable and bikeable community. The variances will allow for the enhancement of these
elements with greater pedestrian connections, bike parking, and public gathering space
which encourages different modes of transportation other than vehicular traffic.
7. The variances will not alter the essential character of the locality and will improve the
site conditions and area walkability with a redesigned parking lot and greater
opportunities for landscaping.
8. The need for the variance is due to the unique needs of the existing shopping center’s site
design, which was constructed in 1951 and is being revitalized and reused.
9. The primary use of the site is a shopping center which offers a mix of uses and
opportunities to facilitate shared parking between those uses. The high traffic generating
uses will be a small portion of the overall site and are limited in size to reduce the parking
impacts.
10. 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.
11. The contents of Board of Zoning Appeals Case File 18-61-VAR and 18-62-VAR are
hereby entered into and made part of the public record.
12. Under the Zoning Ordinance, this variance shall be deemed to be abandoned, revoked, or
canceled if the holder shall fail to initiate the work on or before one year after the
variance is granted.
13. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building
or structure for which the variance is granted is removed.
Meeting of November 27, 2018 Page 8
Subject: Texa-Tonka Shopping Center Variance Request
CONCLUSION
The application for a variance from Section 36-233(D)(4) and Section 36-361(C)(3) of the
Zoning Ordinance to allow a setback of 12 feet for restaurants with intoxicating liquor licenses
and to allow 160 parking spaces instead of the required 251 spaces to operate a shopping center
with retail, up to 5,500 square feet of restaurant uses and up to 3,000 square feet for coffee shop
uses in the C-2 General Commercial District is granted based upon the findings set forth above
and with the following conditions:
1. The variance applies to the project as presented to the BOZA, and as shown on the attached
exhibits; Exhibit A – Site Plan
2. The combined restaurant uses shall be a maximum of 5,500 square feet in floor area.
3. The outdoor seating areas shall be a maximum of 1,280 square feet in size.
4. The coffee shop uses shall be a maximum of 3,000 square feet in floor area.
5. The property owner shall implement and enforce a parking plan for customer and employee
vehicles which minimizes conflicts during the peak parking times, and discourages parking
in residential areas.
6. Required bicycle parking shall be provided on-site.
7. If parking becomes an issue, the city reserves the right to deny occupancy of tenant spaces
prior to the property owner resolving the parking issue.
8. Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of a building permit.
9. In addition to other remedies, the developer or owner shall pay an administrative fee of $750
per violation of any condition of this approval
Adopted by the Board of Zoning Appeals: November 27, 2018
Effective date: December 7, 2018
_______________________________
Justin Kaufman, Chairperson
ATTEST:
______________________________________
Gary Morrison, Assistant Zoning Administrator
STRUCTURAL ENGINEERPRICING SETCIVIL/LA ENGINEERTEXA TONKA SHOPPING CENTERADAPTIVE REUSE: BOZA SUBMITTALSHEET NO.Alex Haecker, AIA21 E 26th StMinneapolis, MN 55404alex@awhllc.net612-558-5383ARCHITECTPROJECT:I hereby certify that thisplan, specification orreport was prepared byme or under my directsupervision and that Iam a duly licensedArchitect under the lawsof the State of Minnesota.Name:Date:Alex Haecker, AIA48654Signature:License #:ISSUE DATESHEET TITLE10/08/1810/08/2018TITLE SHEETT1.1PROJECT TEAMPROJECT LOCATIONSHEET INDEXTEXA TONKA SHOPPING CENTERADAPTIVE REUSE: BOZA SUBMITTALOwner/Developer:Paster Properties5320 W 23rd St #205St Louis Park, MN 55416Ph: 651-646-7901Architect:AWH Architects2611 1st Ave S. Minneapolis, MN 55408Ph: 612-558-5383Landscape: Elan Design Lab901 N 3rd St. Minneapolis, MN 55401Ph: 612-260-7980Contractor:Diversified Construction4931 W 35th St. St Louis Park, MN 55416Ph: 952-929-7233Civil:Elan Design Lab901 N 3rd St. Minneapolis, MN 55401Ph: 612-260-7980Mechanical,T.B.D.Electrical,Plumbing Engineers:Structural Engineer:T.B.D.St Louis Park, MN 554268008 Minnetonka BlvdVicinitySite LocationSHEETNUMBERSHEET NAMEISSUE 1ISSUE 2ISSUE 3GENERAL INFORMATIONT1.1 TITLE SHEET ● ● ●T1.2 PHOTOSCIVILC1.1 SURVEYLANDSCAPEL1.1 LANDSCAPE PLANL1.2 PLANT SPECIESARCHITECTURALA0.2 SITE PLANA0.3 AERIAL MAPD1.0 DEMOLITION SITE PLAND1.1 DEMOLITION PLAND3.1 DEMO ELEVATIONSD3.2 DEMO ELEVATIONSA1.0 LOWER LEVEL PLANA1.1 FIRST LEVEL PLANA1.2 FLOOR PLAN CALLOUT 1A1.3 FLOOR PLAN CALLOUT 2A1.4 FLOOR PLAN CALLOUT 3A1.5 FLOOR PLAN CALLOUT 4A1.6 FLOOR PLAN CALLOUT 5A2.1 FIRST LEVEL REFLECTED CEILING PLANA3.1 EXTERIOR ELEVATIONSA3.2 EXTERIOR ELEVATIONSA3.3 EXTERIOR ELEVATIONSA3.5 3D VIEWA5.1 WALL SECTIONSPROJECT INFORMATIONPROPERTY ZONING: C2 General CommercialPROPERTY AREA: 149,859 SFREQUESTED VARIANCES:Liquor Variance: Building is within 25' of residential properties.Parking Variance: Building does not currently meet the required quantity of parking spaces. The proposed adaptive reuse of the site and building also does not meet the required quantity of parking spaces.BUILDING AREA:Existing 52,000 GSFProposed 48,000 GSFMiddle of building to be demolished for outdoor gathering space. Approx. 4,000 SFPARKING ANALYSIS:Existing Shopping Center52,000 GSF181 total stalls existing208 stalls required per section 36-361 Off Street Parking AreasProposed Shopping Center5,500 SF Restaurant = 92 Parking Stalls780 SF Patio = 13 Parking Stalls3,000 SF Coffee = 15 Parking Stalls39,500 SF General Retail = 158 Parking StallsTotal Expected = 278 Parking Stalls required per section 36-361 Off Street Parking AreasProposed Design = 160 Parking Stalls
STRUCTURAL ENGINEERPRICING SETCIVIL/LA ENGINEERTEXA TONKA SHOPPING CENTERADAPTIVE REUSE: BOZA SUBMITTALSHEET NO.Alex Haecker, AIA21 E 26th StMinneapolis, MN 55404alex@awhllc.net612-558-5383ARCHITECTPROJECT:I hereby certify that thisplan, specification orreport was prepared byme or under my directsupervision and that Iam a duly licensedArchitect under the lawsof the State of Minnesota.Name:Date:Alex Haecker, AIA48654Signature:License #:ISSUE DATESHEET TITLE10/08/1810/08/2018PHOTOST1.2HISTORIC PHOTOSCURRENT PHOTOS
MINNETONKA BOULEVARD
(COUNTY ROAD NO. 5)TEXAS AVENUE SOUTHVIRGINIA AVENUE SOUTHTEXA - TONKA AVEN
U
E
2
1
9
9
9
PID#0711721440029
CONTACT:
PASTER PROPERTIES
Mike Sturdivant
Director of Real Estate
Developement
5320 West 23rd Street
Suite 205
St. Louis Park, MN 55416
651-265-7871
VICINITY MAP
PAS18007
2SURVPAS07
CERTIFICATE OF
SURVEY
COUNTY/CITY:
REVISIONS:
PROJECT LOCATION:
LAND SURVEYING, INC.
CORNERSTONE
Suite #1
6750 Stillwater Blvd. N.
Stillwater, MN 55082
Phone 651.275.8969
Fax 651.275.8976
dan@
cssurvey
.net
DATE REVISION
PROJECT NO.
FILE NAME
8000
MINNETONKA BLVD.
CITY OF
ST. LOUIS PARK
HENNEPIN
COUNTY
NORTH(NOT TO SCALE)
05-15-18 INITIAL ISSUE
05-21-18 SPOT ELEVATIONS
SEC. 07, TWP. 117, RNG. 21,CITY OF ST. LOUIS PARK, HENNEPIN COUNTY,MINNESOTA
TEXA-TONKA
SHOPPING CENTER
0
NORTH
30 60
UNDERGROUND UTILITIES NOTES:
THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD
SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO
GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH
UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR
FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN
ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT
THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION
AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLY LOCATED THE
UNDERGROUND UTILITIES. GOPHER STATE ONE CALL LOCATE TICKET
NUMBER(S) 181224150. SOME MAPS WERE RECEIVED, WHILE OTHER UTILITIES
DID NOT RESPOND TO THE LOCATE REQUEST. ADDITIONAL UTILITIES OF
WHICH WE ARE UNAWARE MAY EXIST. OTHER UTILITIES MAY EXIST ON THIS
SITE THAT WERE NOT MARKED UP.
CALL BEFORE YOU DIG!
TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002
Gopher State One Call
THERE ARE 180 VISIBLE PARKING STALLS DESIGNATED ON THIS PARCEL INCLUDING
6 HANDICAP STALLS AND 3 STALLS MARKED BUT CONTAINING PLANTERS.
EXISTING PARKING:
THIS PROPERTY LIES WITHIN THE UNSHADED ZONE X, AREAS DETERMINED TO
BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, AS SHOWN ON FEMA
FLOOD INSURANCE RATE MAP NUMBER 27053C0334F HAVING AN EFFECTIVE
DATE OF NOVEMBER 4, 2016.
FLOOD INFORMATION:LEGAL DESCRIPTION:EASEMENT NOTES:
CERTIFICATION:
1. BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE HENNEPIN
COUNTY SURVEYORS OFFICE.
2. UNDERGROUND UTILITIES SHOWN PER GOPHER STATE ONE CALL LOCATES
AND AS-BUILTS PLANS PROVIDED BY THE CITY OF ST. LOUIS PARK
ENGINEERING DEPARTMENT.
3. THERE MAY BE SOME UNDERGROUND UTILITIES; GAS, ELECTRIC, ETC. NOT
SHOWN OR LOCATED.
SURVEY NOTES:
AREA:
TOTAL AREA = 144,232 SQ.FT., BEING 3.31 ACRES, MORE OR LESS
To: Paster Properties, LLC, a Minnesota limited liability company; Commercial
Partners Title, LLC; and Stewart Title Guaranty Company: This is to certify that
this map or plat and the survey on which it is based were made in accordance
with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land
Title Surveys, jointly established and adopted by ALTA and NSPS, and includes
Items 1, 2, 3, 4, 7(a), 7(b)(1), 7(c) 8, 9, 11, 16, 17, 18, and 19 of Table A
thereof. The field work was completed on May 14, 2018.
CORNERSTONE LAND SURVEYING, INC.
Dated: 5-15-18
Revised:
By :____________________________
Daniel L. Thurmes
Minnesota License No. 25718
The Commercial Partners Title, LLC as agent for Stewart Title Guaranty
Company Title Commitment No. 54304, dated March 30, 2018 as listed on this
survey was relied upon for matters of record. Other easements may exist that
were not shown in this commitment and are not shown on this survey.
The following Legal Description is as shown on the Commercial Partners Title,
LLC as agent for Stewart Title Guaranty Company Title Commitment No. 54304,
dated March 30, 2018.
Parcel 1:
Lots 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and Lot 15, except that
part thereof lying Southeasterly of a line drawn from a point on the South line
of said Lot 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, Hennepin County, Minnesota.
Parcel 2:
That part of Lot 1 lying West of a line drawn from a point on the Northwesterly
line of said Lot 1 distant 76.85 feet Northeasterly from the most Westerly
corner thereof to a point on the Southerly line of said Lot 1 distant 61.8 feet
Easterly from the most Westerly corner thereof, Rearrangement in Part of Block
2, Texa-Tonka Addition, Hennepin County, Minnesota.
Torrens Property
The following survey related exceptions appear on the Commercial Partners Title, LLC as agent for Stewart Title Guaranty Company Title
Commitment No. 54304, dated March 30, 2018:
9. Easement for utilities and drainage as shown on the recorded plats of Texa-Tonka Addition and Rearrangement in Part of Block 2,
Texa-Tonka Addition.
NOTE: Certain easements contained in the plat of Texa-Tonka Addition have been adjudicated to not affect certain property within Block 2,
Texa-Tonka Addition, as evidenced in Findings of Fact and Order dated September 30, 1954, filed September 30, 1954, as Document No. 436715
(Block 2), and in Findings and Order dated July 9, 1958, filed July 11, 1958, as Document No. 562866 (Block 4).
(**SEE ADDITIONAL EASEMENT NOTES)
10. Subject to the terms, conditions, covenants contained in Protective Covenants for Development of Single-Family Detached and Double
Bungalow Dwellings dated March 23, 1951, filed March 28, 1951, as Document No. 337215.
NOTE: Easements contained in said Covenants have been adjudicated to not affect certain property within Block 2, Texa-Tonka Addition, as
evidenced in Findings of Fact and Order dated September 30, 1954, filed September 30, 1954, as Document No. 436715 (Block 2), and in Findings
and Order dated July 9, 1958, filed July 11, 1958, as Document No. 562866 (Block 4).
(**SEE ADDITIONAL EASEMENT NOTES)
11. Subject to the terms and conditions of Resolution No. 12-99 adopted October 28, 1999, filed January 9, 2001, as Document No. 3348146.
(Parcel 1) (AFFECTS ENTIRE PARCEL 1, NOT SHOWN GRAPHICALLY)
12. Subject to the terms and conditions of Party Wall Agreement dated August 16, 1951, filed September 4, 1951, as Document No. 348862.
(Parcel 2)
NOTE: The garage mentioned within said Agreement appears to sit completely on that portion of Lot 1, lying East of a line drawn from a point
on the Northwesterly line of said Lot 1, 76.85 feet Northeasterly from the most Westerly corner thereof to a point on the Southerly line of said
Lot 1, 61.8 feet Easterly from the most Westerly corner thereof, (Shown on Certificate of Title No. 1459128), and as such, does not appear to
affect Parcel 2. A survey may be required to determine the exact location of said garage.
(GARAGE IS SHOWN GRAPHICALLY AND LIES EAST OF THE EAST LINE OF PARCEL 2)
13. Lack of right of access to and from the subject property. (Parcel 2)
NOTE: Parcel 2 appears to be land locked without the benefit of traveling over and across Parcel 1.
ST. LOUIS PARK
PID#0711721440004
2940
TEXAS AVENUE SOUTH
ALTA TABLE A NOTES
8.SUBSTANTIAL FEATURES OBSERVED IN THE PROCESS OF CONDUCTING THE
FIELDWORK ARE SHOWN ON THE SURVEY.
16.NO EVIDENCE OF RECENT EARTH MOVING WORK OR BUILDING CONSTRUCTION
WAS OBSERVED IN THE PROCESS OF CONDUCTING THE FIELDWORK.
17.SURVEYOR IS UNAWARE OF ANY PROPOSED CHANGES IN THE STREET RIGHT OF
WAY LINES.
18.NO WETLAND DELINEATION MARKERS WERE OBSERVED IN THE PROCESS OF
CONDUCTING THE FIELDWORK.
19.NO PLOTTABLE OFFSITE EASEMENTS OR SERVITUDES ARE KNOWN BY THE
SURVEYOR.
1
2
9
EASEMENTS SHOWN ON THE RECORDED PLAT OF TEXA-TONKA ADDITION AND THE
PROTECTIVE COVENANTS FOR DEVELOPMENT OF SINGLE-FAMILY DETACHED AND DOUBLE
BUNGALOW DWELLINGS PER DOCUMENT NO. 337215 APPEAR TO ENCUMBER PARCEL 1.
CERTAIN EASEMENTS CONTAINED IN SAID PLAT AND SAID COVENANTS HAVE BEEN
ADJUDICATED TO NOT AFFECT THAT CERTAIN PROPERTY DESCRIBED ON CERTIFICATE OF
TITLE NO. 204646, AS EVIDENCED IN FINDINGS OF FACT AND ORDER PER DOCUMENT NO.
436715. THIS SURVEY SHOWS SAID EASEMENTS AND SAID COVENANTS WITHIN PARCEL 1, BUT
OUTSIDE OF THE PROPERTY DESCRIBED ON CERTIFICATE OF TITLE NO. 204646 AS AFFECTING
PARCEL 1. IT IS POSSIBLE THAT SAID EASEMENTS AND SAID COVENANTS LYING WITHIN
PARCEL 1, BUT OUTSIDE OF THE PROPERTY DESCRIBED ON CERTIFICATE OF TITLE NO. 204646
HAVE BEEN ADJUDICATED TO NOT AFFECT AS WELL. THE SURVEYOR IS NOT AWARE OF A
LEGAL DOCUMENT ADJUDICATING THIS AREA AT THIS TIME.
ADDITIONAL EASEMENT NOTES:
UNDERGROUND ELECTRIC
UNDERGROUND CABLE TV
UNDERGROUND FIBER OPTIC
UNDERGROUND TELEPHONE
OVERHEAD UTILITY
UNDERGROUND GAS
SANITARY SEWER
STORM SEWER
WATERMAIN
FENCE
CURB [TYPICAL]
BITUMINOUS SURFACE
CONCRETE SURFACE
FOUND MONUMENT
SET MONUMENT
CABLE TV PEDESTAL
AIR CONDITIONER
ELECTRIC MANHOLE
ELECTRIC METER
ELECTRIC PEDESTAL
ELECTRIC TRANSFORMER
LIGHT POLE
GUY WIRE
POWER POLE
GAS MANHOLE
GAS METER
TELEPHONE MANHOLE
TELEPHONE PEDESTAL
SANITARY CLEANOUT
SANITARY MANHOLE
CATCH BASIN
STORM DRAIN
FLARED END SECTION
STORM MANHOLE
FIRE DEPT. CONNECTION
HYDRANT
CURB STOP
WATER WELL
WATER MANHOLE
WATER METER
POST INDICATOR VALVE
WATER VALVE
BOLLARD
FLAG POLE
MAIL BOX
TRAFFIC SIGN
UNKNOWN MANHOLE
SOIL BORING
PLAT DISTANCE
MEASURED DISTANCE
TRAFFIC SIGNAL
CONIFEROUS TREE
DECIDUOUS TREE
LEGAL DESCRIPTION:
RDRDRDRDTPTPTPWWWWWEMEMEMEMEMEMEMEMEMUUUUHMINNETONKA BLVDTEXAS AVE.2829303132333412NEIGHBORING RESIDENTIAL PROPERTIES ZONED R1 SEE SURVEYPROPOSED SOLAR CANOPY 159 TOTAL PARKING STALLSPROPOSED PYLON SIGNNEIGHBORING RESIDENTIAL PROPERTIES ZONED - R3 SEE SURVEY22' - 10"2 5 ' - 1 0 "
1 2 ' - 8 "23' - 0"12' - 8"PROPOSED LED/SOLARSITE LIGHTING (4 TOTAL)BICYCLE PARKING RACKSSTRUCTURAL ENGINEERPRICING SETCIVIL/LA ENGINEERTEXA TONKA SHOPPING CENTERADAPTIVE REUSE: BOZA SUBMITTALSHEET NO.Alex Haecker, AIA21 E 26th StMinneapolis, MN 55404alex@awhllc.net612-558-5383ARCHITECTPROJECT:I hereby certify that thisplan, specification orreport was prepared byme or under my directsupervision and that Iam a duly licensedArchitect under the lawsof the State of Minnesota.Name:Date:Alex Haecker, AIA48654Signature:License #:ISSUEDATESHEET TITLE10/08/1810/08/2018SITE PLANA0.21" = 30'-0"A0.21ARCHITECTURAL SITE PLAN
MINNETONKA BLVDTEXAS AVE.2829303132333412PARKING AREA TO BE RESURFACED AND RE PAINTEDAREA TO BE DEMOLISHEDEXISTING PYLON SIGN TO BE DEMOLISHEDMANSARD PARAPETTO BE DEMOLISHEDEXISTING 'RETAINING'BLOCK WALL TO BEDEMOLISHEDALLEY TO BE RESURFACEDEXISTING BOULEVARD LANDSCAPING TO BE REMOVED-TREES TO REMAIN NEIGHBORING RESIDENTIAL PROPERTIES ZONED R1 SEE SURVEYNEIGHBORING RESIDENTIAL PROPERTIES ZONED - R3 SEE SURVEYEXISTING ROOF TO BE REMOVEDEXISTING ROOF TO BE REMOVED22' - 10"2 5 ' - 1 0 "
1 2 ' - 8 "23' - 0"12' - 8"EXISTING PLANTER BOXES TO BE DEMOLISHEDDEMO BRICK CHIMNEY STACKSTRUCTURAL ENGINEERPRICING SETCIVIL/LA ENGINEERTEXA TONKA SHOPPING CENTERADAPTIVE REUSE: BOZA SUBMITTALSHEET NO.Alex Haecker, AIA21 E 26th StMinneapolis, MN 55404alex@awhllc.net612-558-5383ARCHITECTPROJECT:I hereby certify that thisplan, specification orreport was prepared byme or under my directsupervision and that Iam a duly licensedArchitect under the lawsof the State of Minnesota.Name:Date:Alex Haecker, AIA48654Signature:License #:ISSUE DATESHEET TITLE10/08/1810/08/2018DEMOLITIONSITE PLAND1.01" = 30'-0"D1.01ARCHITECTURAL DEMO SITE PLAN
8A1A8B11A9D11A8B1C1414A8B9D11A8B14148A1A1B9A9B9C1B8A9B9C8A9B9C1A8A9B9C1A9A9B9C8A1A8A9BA3.15A3.14A3.13A3.17A3.189A9B11A11A12A8A9B9C8A9A1D1BSTRUCTURAL ENGINEERPRICING SETCIVIL/LA ENGINEERTEXA TONKA SHOPPING CENTERADAPTIVE REUSE: BOZA SUBMITTALSHEET NO.Alex Haecker, AIA21 E 26th StMinneapolis, MN 55404alex@awhllc.net612-558-5383ARCHITECTPROJECT:I hereby certify that thisplan, specification orreport was prepared byme or under my directsupervision and that Iam a duly licensedArchitect under the lawsof the State of Minnesota.Name:Date:Alex Haecker, AIA48654Signature:License #:ISSUE DATESHEET TITLE10/08/1810/08/2018EXTERIORELEVATIONSA3.11/8" = 1'-0"A3.11PROPOSED COURTYARD ELEVATION - WEST1/8" = 1'-0"A3.12PROPOSED COURTYARD ELEVATION - EAST1/8" = 1'-0"A3.13SOUTH ELEVATION - 31/8" = 1'-0"A3.14SOUTH ELEVATION - 21/8" = 1'-0"A3.15SOUTH ELEVATION - 11" = 20'-0"A3.16- SOUTH ELEVATION -1/8" = 1'-0"A3.17COURTYARD ELEVATION SOUTH1/8" = 1'-0"A3.18SOUTH ELEVATION - 4EXTERIOR MATERIAL KEYNOTESKey Value Keynote Text1A EXISTING BRICK - TO BE CLEANED AND RE PAINTED1B EXISTING BRICK - PAINT TO BE REMOVED AND REPAIRED AS NEEDED1C EXISTING BRICK - TO BE CLEANED AND REPAIRED AS NEEDED1D EXISTING BRICK - TO BE CLEANED4A EXISTING CMU - TO BE CLEANED AND PAINT TO BE REMOVED8A EXISTING STOREFRONT - TO BE CLEANED, REAPAIRED, RESEALED, AND PAINTED8B PROPOSED STOREFRONT9A EXISTING STEEL COLUMN TO BE CLEANED AND PAINTED - COLOR BY ARCHITECT9B EXISTING STEEL CANOPY STRUCTURE TO BE CLEANED AND PAINTED - COLOR BY ARCHITECT9C EXISTING WOOD CANOPY DECKING TO BE CLEANED AND PAINTED - COLOR BY ARCHITECT9D EXISTING TIMBER PURLINS TO BE CLEANED AND STAINED - COLOR BY ARCHITECT11A SOLAR CANOPY12A BULB AND CHANNEL SIGN13A NEW PAINTED HOLLOW METAL DOOR AND FRAME14 ACCOYA WOOD SIDINGGENERAL NOTE:1) PLEASE PRICE ALL NEW ENTRY DOORS TO TENANT SPACES AS AN ADD ALT2) PRICE REMOVAL OF ALL PAINT ON MASONRY WALLS EAST OF COURTYARD AS AN ADD ALT.3) ALL DAMAGED BRICK MASONRY TO BE REPAIRED AND REPLACED AS NEEDED.4) PRICE REMOVAL OF PAINT ALONG ALLEY FACADE AS AN ADD ALT, CMU TO BE EXPOSED.
A3.22A3.23A3.24A3.25A3.2613A13A13A13A13A13A4A4ANOTE: ALL CMU CRACKS TO BE CAULKED4A13A13A13A13A13A4A13A13ANOTE: ALL CMU CRACKS TO BE CAULKED13A13A13A4ANOTE: ALL CMU CRACKS TO BE CAULKED4A13A13A13A13A4ALOADING DOCK TO BE PATCHED AND REPAIRED AS NEEDEDNOTE: ALL CMU CRACKS TO BE CAULKED11A11A9A9D9BSTRUCTURAL ENGINEERPRICING SETCIVIL/LA ENGINEERTEXA TONKA SHOPPING CENTERADAPTIVE REUSE: BOZA SUBMITTALSHEET NO.Alex Haecker, AIA21 E 26th StMinneapolis, MN 55404alex@awhllc.net612-558-5383ARCHITECTPROJECT:I hereby certify that thisplan, specification orreport was prepared byme or under my directsupervision and that Iam a duly licensedArchitect under the lawsof the State of Minnesota.Name:Date:Alex Haecker, AIA48654Signature:License #:ISSUE DATESHEET TITLE10/08/1810/08/2018EXTERIORELEVATIONSA3.21" = 20'-0"A3.21NORTH ELEVATION1/8" = 1'-0"A3.22NORTH ELEVATION -11/8" = 1'-0"A3.23NORTH ELEVATION - 21/8" = 1'-0"A3.25NORTH ELEVATION - 41/8" = 1'-0"A3.26NORTH ELEVATION - 51/8" = 1'-0"A3.24NORTH ELEVATION - 3EXTERIOR MATERIAL KEYNOTESKey Value Keynote Text1A EXISTING BRICK - TO BE CLEANED AND RE PAINTED1B EXISTING BRICK - PAINT TO BE REMOVED AND REPAIRED AS NEEDED1C EXISTING BRICK - TO BE CLEANED AND REPAIRED AS NEEDED1D EXISTING BRICK - TO BE CLEANED4A EXISTING CMU - TO BE CLEANED AND PAINT TO BE REMOVED8A EXISTING STOREFRONT - TO BE CLEANED, REAPAIRED, RESEALED, AND PAINTED8B PROPOSED STOREFRONT9A EXISTING STEEL COLUMN TO BE CLEANED AND PAINTED - COLOR BY ARCHITECT9B EXISTING STEEL CANOPY STRUCTURE TO BE CLEANED AND PAINTED - COLOR BY ARCHITECT9C EXISTING WOOD CANOPY DECKING TO BE CLEANED AND PAINTED - COLOR BY ARCHITECT9D EXISTING TIMBER PURLINS TO BE CLEANED AND STAINED - COLOR BY ARCHITECT11A SOLAR CANOPY12A BULB AND CHANNEL SIGN13A NEW PAINTED HOLLOW METAL DOOR AND FRAME14 ACCOYA WOOD SIDINGGENERAL NOTE:1) PLEASE PRICE ALL NEW ENTRY DOORS TO TENANT SPACES AS AN ADD ALT2) PRICE REMOVAL OF ALL PAINT ON MASONRY WALLS EAST OF COURTYARD AS AN ADD ALT.3) ALL DAMAGED BRICK MASONRY TO BE REPAIRED AND REPLACED AS NEEDED.4) PRICE REMOVAL OF PAINT ALONG ALLEY FACADE AS AN ADD ALT, CMU TO BE EXPOSED.
9B9A4A8A9A4ASTRUCTURAL ENGINEERPRICING SETCIVIL/LA ENGINEERTEXA TONKA SHOPPING CENTERADAPTIVE REUSE: BOZA SUBMITTALSHEET NO.Alex Haecker, AIA21 E 26th StMinneapolis, MN 55404alex@awhllc.net612-558-5383ARCHITECTPROJECT:I hereby certify that thisplan, specification orreport was prepared byme or under my directsupervision and that Iam a duly licensedArchitect under the lawsof the State of Minnesota.Name:Date:Alex Haecker, AIA48654Signature:License #:ISSUE DATESHEET TITLE10/08/1810/08/2018EXTERIORELEVATIONSA3.31/8" = 1'-0"A3.31WEST ELEVATION1/8" = 1'-0"A3.32EAST ELEVATIONEXTERIOR MATERIAL KEYNOTESKey Value Keynote Text1A EXISTING BRICK - TO BE CLEANED AND RE PAINTED1B EXISTING BRICK - PAINT TO BE REMOVED AND REPAIRED AS NEEDED1C EXISTING BRICK - TO BE CLEANED AND REPAIRED AS NEEDED1D EXISTING BRICK - TO BE CLEANED4A EXISTING CMU - TO BE CLEANED AND PAINT TO BE REMOVED8A EXISTING STOREFRONT - TO BE CLEANED, REAPAIRED, RESEALED, AND PAINTED8B PROPOSED STOREFRONT9A EXISTING STEEL COLUMN TO BE CLEANED AND PAINTED - COLOR BY ARCHITECT9B EXISTING STEEL CANOPY STRUCTURE TO BE CLEANED AND PAINTED - COLOR BY ARCHITECT9C EXISTING WOOD CANOPY DECKING TO BE CLEANED AND PAINTED - COLOR BY ARCHITECT9D EXISTING TIMBER PURLINS TO BE CLEANED AND STAINED - COLOR BY ARCHITECT11A SOLAR CANOPY12A BULB AND CHANNEL SIGN13A NEW PAINTED HOLLOW METAL DOOR AND FRAME14 ACCOYA WOOD SIDING
3A5.1STRUCTURAL ENGINEERPRICING SETCIVIL/LA ENGINEERTEXA TONKA SHOPPING CENTERADAPTIVE REUSE: BOZA SUBMITTALSHEET NO.Alex Haecker, AIA21 E 26th StMinneapolis, MN 55404alex@awhllc.net612-558-5383ARCHITECTPROJECT:I hereby certify that thisplan, specification orreport was prepared byme or under my directsupervision and that Iam a duly licensedArchitect under the lawsof the State of Minnesota.Name:Date:Alex Haecker, AIA48654Signature:License #:ISSUE DATESHEET TITLE10/08/1810/08/20183D VIEWA3.5A3.513D VIEW1" = 20'-0"A3.52BUILDING SECTION - EAST WEST
EXISTING MASONRY WALL TO BE CLEANED AND REPAINTEDEXISTING STOREFRONT TO BE CLEANED, REPAINTED, AND RESEALED AS NECESSARYEXISTING WOOD DECKING TO BECLEANED AND REFINISHEDEXISTING STEEL CANOPY STRUCTURETO BE CLEAN AND REPAINTEDTAPERED INSULATIONWITH EPDM PREFINISHED METAL GRAVELSTOP AND FLASHING3A5.1MASONRY WALL TO BEAR ON EXISTING STRUCTURESTOREFRONTEXISTING STEEL CANOPY STRUCTURETO BE CLEANED AND REPAINTEDFULLY ADHERED T.P.O ROOFPREFINISHED METAL FLASHINGACCOYA SIDINGTIMBER PURLINS TO BE CLEANED AND STAINEDEXPOSED AGGREGATE CONCRETE PATIONOTE: REFER TO LANDSCAPE PLAN FOR COURTYARD LANDSCAPE DESIGNSOLAR ARRAYLANDSCAPE PLANTER-GALVANIZED SHEET METAL AND CONCRETE WALLS-SEE LANDSCAPE PLANLEVEL 1100' -0"LEVEL 2110' -0"LOWER LEVEL90' -0"2A5.12A3.5EXISTING WOODEN FENCERESIDENTIAL PROPERTIESEXISTING RETAINING WALLLANDSCAPE SCREEN WALLLANDSCAPE PLANTER-GALVANIZED SHEET METAL AND CONCRETE WALLS-SEE LANDSCAPE PLANEXISTING STEEL AND TIMBER CANOPYSOLAR CANOPYBULB AND CHANNEL SIGNLED GLOBE PENDANTSTRUCTURAL ENGINEERPRICING SETCIVIL/LA ENGINEERTEXA TONKA SHOPPING CENTERADAPTIVE REUSE: BOZA SUBMITTALSHEET NO.Alex Haecker, AIA21 E 26th StMinneapolis, MN 55404alex@awhllc.net612-558-5383ARCHITECTPROJECT:I hereby certify that thisplan, specification orreport was prepared byme or under my directsupervision and that Iam a duly licensedArchitect under the lawsof the State of Minnesota.Name:Date:Alex Haecker, AIA48654Signature:License #:ISSUE DATESHEET TITLE10/08/1810/08/2018WALLSECTIONSA5.13/8" = 1'-0"A5.11PROPOSED WALL SECTION AT STOREFRONT3/8" = 1'-0"A5.12PROPOSED WALL SECTION AT COURT1/8" = 1'-0"A5.13NORTH-SOUTH WALL SECTION AT COURTYARD
Board of Zoning Appeals
Meeting of November 27, 2018
4B Variance to the required minimum number of parking spaces.
Location: 6538 Lake Street
Applicant: Alex Brose
Case No.: 18-66-VAR
Recommended
Action:
Motion to adopt a resolution approving a variance from
Section 36-361(c) to allow two parking spaces instead of the
required 21 spaces for the proposed Herbalife store.
REQUEST: The Applicant intends to open a Herbalife store at 6538 Lake Street. The store is
proposed to be located in the London Square multi-tenant building, in a tenant space previously
occupied by a dry cleaner.
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Herbalife, 6538 Lake Street
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BACKGROUND: The applicant, Alex Brose, intends to open a Herbalife store at 6835 Lake
Street. The use includes retail sales of the Herbalife product, preparation and sales of Herbalife
shakes and small classroom activities.
The space he intends to occupy was previously used as a drycleaner drop-off/pick-up location. If
approved, he will remodel the space, opening it up so it is one room approximately 930 square
feet in area. A shake bar will be to one side and the remainder of the space will be equipped with
a few chairs for customers to talk and for occasional lectures/talks about the product.
The use of the space for lectures means the space has to be classified as “Assembly” in the zoning
ordinance which require 21 parking spaces for an assembly use of this size.
Existing Conditions: The following is a summary of the existing property conditions.
Comprehensive Plan: Commercial
Zoning: C-2 General Commercial
Neighborhood: Sorenson
The London Square property is 11,812 square feet in area on the ground floor. There are two
apartments on the second floor and a small basement, approximately 2,000 square feet in area used
for storage. It was constructed in 1949.
Parking: There are no on-site parking spaces, and there are 12 on-street parking spaces located
directly adjacent to the property that it can count toward the parking requirement. The 12 spaces,
however, count toward all uses in the property, not just the applicant’s.
Zoning Regulation: The property is legally non-conforming to the parking requirements. The
zoning ordinance allows uses to change in a building that is legally non-conforming to the parking
requirements, as long as the proposed use does not increase the number of required parking spaces.
Retail and service uses have been able to change over the years under this provision since they
both require the same amount of parking spaces. The proposed Herbalife use, however, requires
more parking than the previous drycleaner use, therefore, a variance is required.
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Herbalife, 6538 Lake Street
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ANALYSIS: As required by City Code, the Board of Zoning Appeals (BOZA) considers the
following prior to ruling on a variance. Staff has provided an analysis of each point below, and the
Applicant also provided an analysis of each point in the attached letter.
1. The effect of the proposed variance upon the health, safety, and welfare of the
community.
There are approximately 110 public parking spaces located on Lake Street between Library
Lane and Wooddale Avenue, along the alley behind the subject property, and in the parking
lots between the buildings pictured above. The spaces are available to all businesses located in
the area. There are additional public parking spaces located to the south in a municipal lot and
along Walker Street and Library Lane.
It is expected that the Herbalife store will have a minimal impact on the available parking in
the area. The classes are proposed to have 8 – 11 people in attendance.
Staff finds the variance will not have an adverse impact on the health, safety and welfare of
the area.
2. Whether or not the request is in harmony with the general purposes and intent of the
Zoning Ordinance.
The buildings in the area were constructed at a time when the city relied upon on-street parking.
As a result, there is an abundance of on-street parking in this area. The intent is that the on-
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Herbalife, 6538 Lake Street
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street parking and the municipal parking lot would provide parking for the businesses in the
area.
Staff finds the request is in harmony with the general purposes and intent of the Zoning
Ordinance.
3. Whether or not the request is consistent with the Comprehensive Plan.
The property is guided commercial, and the Herbalife store is a commercial use consistent with
the comprehensive plan.
4. Whether or not the applicant establishes that there are practical difficulties in complying
with the Zoning Ordinance. Practical Difficulty means:
a. The proposed use is permitted in the zoning district in which the land is located. A
variance can be requested for dimensional items only.
The Herbalife store is permitted in the C-2 zoning district.
b. The plight of the landowner is due to circumstances unique to the property and not
created by the landowner.
This block is part of the original downtown of St. Louis Park. It was constructed entirely
dependent upon on-street parking.
c. The variance, if granted, will not alter the essential character of the locality.
As noted above, the area is the original St. Louis Park downtown, and has been recently
branded “Historic WalkerLake.” On-street parking is a dominant feature of the area, and
the businesses are dependent upon it. Requiring additional off-street parking would require
removal of existing buildings, and would greatly alter the character of the area. Therefore,
granting the variance preserves the essential character of the Historic WalkerLake area.
d. Economic considerations alone do not constitute practical difficulties.
Economic considerations are not the sole reason for the variance request.
e. Practical difficulties include inadequate access to direct sunlight for solar energy
systems.
Access to direct sunlight is not a factor in the request or the project.
5. Whether or not there are circumstances unique to the shape, topography, water
conditions, or other physical conditions of the property.
This area is unique to St. Louis Park in that it is the original downtown, and the properties
along this block do not have any on-site parking. They rely entirely on the abundant on-street
parking and municipal parking lots in the area.
6. Whether or not the granting of the variance is necessary for the preservation and
enjoyment of a substantial property right.
While other uses could occupy the space without a variance, the requested use is a reasonable
use and size for the area.
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7. Whether or not the granting of the variance will impair light and air to the surrounding
properties, unreasonably increase congestion, increase the danger of fire, or endanger
public safety.
As noted above, there is sufficient on-street parking to accommodate the request. The store is
a low-volume use, and the classes will have 8-11 people in attendance. Additionally, not all
uses in the area utilize the parking at the same time. Therefore, the variety of uses in the area
creates an informal shared parking arrangement that avoids congestion on the streets.
8. Whether or not the granting of the variance will merely serve as a convenience or is it
necessary to alleviate a practical difficulty.
The space that Herbalife is planning to occupy was previously a dry cleaner pick-up/drop-off,
which required only two parking spaces. Requiring the space to be occupied by a use that
requires only two spaces without a variance is a difficulty for this commercial property located
in a neighborhood dominated with commercial uses. The Herbalife store is a reasonable use
resulting in a minimal impact on available public parking.
STAFF RECOMMENDATION: Staff finds the requested variance to the parking requirements
meets the criterion required for granting a variance, therefore, staff recommends adoption of the
attached Resolution approving the requested variance to allow two parking spaces instead of the
required 21 for the Herbalife store located at 6538 Lake Street, with conditions.
PREPARED BY: Gary Morrison, Assistant Zoning Administrator
REVIEWED BY: Sean Walther, Planning & Zoning Supervisor
ATTACHMENTS:
Aerial Photo
Proposed Resolution
Floor Plan
Survey
Board of Zoning Appeals – November 27, 2018
Herbalife, 6538 Lake Street
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Aerial Photo
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Herbalife, 6538 Lake Street
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BOZA RESOLUTION NO. _____
A RESOLUTION ADOPTING FINDINGS AND APPROVING A 19 PARKING SPACE
VARIANCE TO ALLOW TWO PARKING SPACES INSTEAD OF THE REQUIRED 21
SPACES FOR THE HERBALIFE STORE LOCATED AT 6538 LAKE STREET
BE IT RESOLVED BY the Board of Zoning Appeals of St. Louis Park, Minnesota:
BE IT RESOLVED by the Board of Zoning Appeals (BOZA) of the City of St. Louis Park,
Minnesota, that the following Findings and Decision are adopted approving the application of Alex
Brose for a variance to the minimum number of parking spaces required to operate a Herbalife
store at 6538 Lake Street.
PROCEDURAL BACKGROUND
1. On or about October 29, 2018, Alex Brose, on behalf of Herbalife, filed a written
request for a variance related to the minimum number of parking spaces required to operate a
Herbalife store in the C-2 General Commercial zoning district. Specifically, the applicant requests
a variance of 19 parking spaces to allow two parking spaces instead of the required 21 spaces.
2. On November 27, 2018, BOZA conducted a public hearing regarding the
application.
3. The record consists of the following:
a. BOZA staff report – November 28, 2018.
b. Application requesting the variance.
c. Existing and proposed floor plans.
d. Property survey.
4. The BOZA closed the public hearing, and voted to adopt a Resolution approving
the variance application.
FINDINGS OF FACT
1. The property is a tenant space located at 6538 Lake Street in the London Square
building (“Subject Property”).
2. The Subject Property is zoned C-2 General Commercial.
3. The subject tenant space is 930 square feet. The proposed store requires 21 parking
spaces per the zoning requirement for Assembly uses. The space is considered Assembly due to
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Herbalife, 6538 Lake Street
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the classes they will operate in the space. The previous use of the tenant space was a dry cleaner
pick-up/drop-off location which required two parking spaces per the zoning ordinance.
4. While the Herbalife store located at the subject property requires 21 parking spaces,
there are 110 public parking spaces located in the area bordered by Lake Street and the alley behind
the subject property. It is expected that Herbalife will have minimal parking needs and will not
impact the available parking in the area.
6. The Herbalife store is permitted in the C-2 General Commercial district, and is in
harmony with the general purposes and intent of the zoning ordinance.
7. The request is consistent with the Comprehensive Plan. It is guided commercial in
the Comprehensive Plan.
8. There are circumstances unique to the request that create a practical difficulty. This
area is unique to St. Louis Park in that it is the original downtown, and the properties along this
block do not have any on-site parking. They rely entirely on the abundant on-street parking in the
area.
9. The granting of the variance allows the property to continue to be used in a
reasonable commercial use. The previous dry-cleaner required two parking spaces. The non-
conforming ordinance allows a use to occupy the space without a variance if the new use does not
increase the parking demand. Finding a use that can occupy 930 square feet in a commercial area
without increasing the parking demand presents a difficulty. The variance allows the commercial
space to be occupied by Herbalife, which is a low parking demand commercial use.
10. The request will not increase congestion in the area. The Herbalife store is a small
retailer that will occasionally conduct small classes consisting of eight to eleven people. There is
sufficient parking to accommodate the request. Additionally, not all uses in the area use the parking
at the same time. Therefore, the variety of uses in the area creates a shared parking arrangement
that avoids congestion on the streets.
11. The requested variances is necessary to alleviate a practical difficulty. The space
that Herbalife will occupy was previously a dry cleaner pick-up/drop-off, which required only two
parking spaces. Two parking spaces for a 930 square foot commercial space presents a difficulty
for any commercial use to occupy the space without increasing the parking demand. This is a
practical difficulty for this commercial property located in a neighborhood dominated with
commercial uses. The Herbalife store which has a low traffic volume is a reasonable use that will
have a minimal impact on the available parking.
DECISION
Based upon the above findings, the Board of Zoning Appeals hereby approves the
requested 19 parking space variance to allow two parking spaces instead of the required 21 spaces
for the Herbalife store located at 6538 Lake Street, with the following conditions:
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Herbalife, 6538 Lake Street
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1. The variance applies to a store that includes a class by appointment program with a class
size not to exceed 11 people.
2. The Herbalife store cannot expand in a manner that increases the parking requirements.
Adopted by the Board of Zoning Appeals: November 27, 2018
Effective date: December 7, 2018
___________________________
Justin Kaufman, Chair
ATTEST:
_______________________________________
Gary Morrison, Assistant Zoning Administrator
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Herbalife, 6538 Lake Street
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Board of Zoning Appeals – November 27, 2018
Herbalife, 6538 Lake Street
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