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HomeMy WebLinkAbout16-080 - ADMIN Resolution - City Council - 2016/06/20RESOLUTION NO. 16-080 RESOLUTION GRANTING VARIANCE FROM SECTION 36-292 OF THE ORDINANCE CODE RELATING TO ZONING FOR COMPENSATORY FLOOD STORAGE FOR PROPERTY LOCATED IN THE FLOODPLAIN ZONING DISTRICT AT 6500 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings Park Nicollet Health Systems has applied for a variance from Section 36-292(f) of the Ordinance Code relating to zoning for compensatory flood storage for property located in the floodplain district at 6500 Excelsior Boulevard in St. Louis Park and legally described as set forth in Exhibit "A" attached hereto. 2. On May 18, 2016, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a variance to allow compensatory flood storage be constructed within the Minnehaha Creek Floodway and Floodplain. 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. 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. The contents of Planning Case File 16 -16 -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. Resolution No. 16-080 -2- CONCLUSION The application for the variance is granted based upon the findings set forth above, as follows: 1. The site shall be developed, used and maintained in conformance with the Official Exhibits. 2. The following permits will need to be obtained prior to starting construction: a. NPDES Grading/Construction Permit b. City of St. Louis Park Erosion Control Permit c. MnDNR Protected Waters Permit d. Minnehaha Creek Watershed District Approval 3, The Applicant shall follow the sequencing schedule for the floodwall and wetland compensatory storage completion. The City Clerk is instructed to record certified copies of this resolution in the Office of the He epi County Register of Deeds or Registrar of Titles as the case may be. for K. Vlafine`siugrCity Manager Attest: in PAA -/k-,, '4A" Mclissd Kennedy City Jerk by the City Council June 20, 2016 Resolution No. 16-080 -3- "EXHIBIT A" LEGAL DESCRIPTION Par 1: That part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 117, Range 21, described as follows: Commencing at the Southeast corner of said Northeast Quarter of Northeast Quarter, thence North to a point 90 feet South of the South line of Calhoun Street, thence West parallel with the South line of Calhoun Street and the same extended, to a point 111 feet West of the East line of Section 20, the actual point of beginning of the land to be described; thence continuing West on said parallel line to the West line of Mount St., extended; thence North along said line and the West line of Mound St. 202.5 feet; thence West parallel with the extension of the South line of Calhoun St., 644.9 feet to the Southeasterly line of right of way of the Chicago, Milwaukee and St. Paul Railway Co.; thence Southwesterly along said right of way line to the West line of the Northeast Quarter of the Northeast Quarter of said Section; thence South to the Southwest Corner of the Northeast Quarter of the Northeast Quarter; thence East along the South line of said Northeast Quarter of Northeast Quarter of said Section to the point of intersection with a line running parallel with the East line of said Section from the actual point of beginning; thence North along said parallel line to the actual point of beginning. Par 2: The Southeast Quarter of the Northeast Quarter that part of the North 1/2 of the Southeast Quarter which lies North of the center line of Excelsior Boulevard, Section 20, Township 117, Range 21 excepting there from that part which lies East of a line described as follows: Commencing at a point on the East line of said Section 90 feet South of the South line of Calhoun Street; thence West parallel with the South line of Calhoun Street and the same extended to a point 111 feet West of the East line of said Section the actual point of beginning of the line to be described; thence South parallel with the East line of Section 20 to the center line of Excelsior Boulevard and except that part lying Southerly and Westerly of a line drawn from a point in the West line of the Southeast Quarter of the Northeast Quarter distant 425 feet South of the Northwest comer thereof to a point in the South line of said Southeast Quarter of the Northeast Quarter distant 480 feet West of the Southeast corner thereof; thence along said line projected Southeasterly to the intersection with a line drawn 411 feet West of, measured at a right angle to and parallel with the East line of the North 1/2 of the Southeast Quarter; thence South along last said parallel line to the center line of Excelsior Boulevard and there terminating. Subject to a power line easement over a strip of land 35 feet in width as set forth in the record, Book 1045 of Deeds, page 41, the center line of which strip was described as follows, to wit: Beginning at a point 17 1/2 feet West of the Southeast corner of said Section 20, thence North parallel to East section line and equidistant therefrom to the South line of Excelsior Boulevard sometimes called Hopkins Road; thence Northwesterly to a point on the North line of said Excelsior Boulevard 128 1/2 feet West of said East section line; thence North and parallel to said section line to a point 128 1/2 feet West of said Section line and 14 feet South of the South line of said Lot 14, Block 78, in the Village of St. Louis Park all as shown by plat on file herein of which a certified copy shall be filed with the Registrar of Titles. Existing Certs 569337 Doc No T05364400 Certified, filed and/or recorded on Jul 14, 2016 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 87 65'. 1& lvow Pkg ID 1418825M Document Recording Fee $46.00 Document Tota! $46.00 RECEIVED p AUG 0 tt 2016 IFFICE OF THE CITY CLE' This cover sheet is now a permanent part of the recorded document. RESOLUTION NO. 16-080 RESOLUTION GRANTING VARIANCE FROM SECTION 36-292 OF THE ORDINANCE CODE RELATING TO ZONING FOR COMPENSATORY FLOOD STORAGE FOR PROPERTY LOCATED IN THE FLOODPLAIN ZONING DISTRICT AT 6500 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings Park Nicollet Health Systems has applied for a variance from Section 36-292(f) of the Ordinance Code relating to zoning for compensatory flood storage for property located in the floodplain district at 6500 Excelsior Boulevard in St. Louis Park and legally described as set forth in Exhibit "A" attached hereto. 2. On May 18, 2016, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a variance to allow compensatory flood storage be constructed within the Mimiehaha Creek Floodway and Floodplain. 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. 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. 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 contents of Planning Case File 16 -16 -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. Resolution No. 16-080 -2- The application for the variance is granted based upon the findings set forth above, as follows: 1. The site shall be developed, used and maintained in conformance with the Official Exhibits. 2. The following permits will need to be obtained prior to starting construction: a. NPDES Grading/Construction Permit b. City of St. Louis Park Erosion Control Permit c. MnDNR Protected Waters Permit d. Minnehaha Creek Watershed District Approval 3. The Applicant shall follow the sequencing schedule for the floodwall and wetland compensatory storage completion. The City Clerk is instructed to record certified copies of this resolution in the Office of the fle epi County Register of Deeds or Registrar of Titles as the case may be. for Administration: Adapted by the City Council June 20, 2016 K. Uiaimcxing-,-City Manager Attest: KelissKennedy, City Clerk Resolution No. 16-080 -3- "EXHIBIT A" LEGAL DESCRIPTION Par 1: That part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 117, Range 21, described as follows: Commencing at the Southeast corner of said Northeast Quarter of Northeast Quarter, thence North to a point 90 feet South of the South line of Calhoun Street, thence West parallel with the South line of Calhoun Street and the same extended, to apoint 111 feet West of the East line of Section 20, the actual point of beginning of the land to be described; thence continuing West on said parallel line to the West line of Mount St., extended; thence North along said line and the West line of Mound St. 202.5 feet; thence West parallel with the extension of the South line of Calhoun St., 644.9 feet to the Southeasterly line of right of way of the Chicago, Milwaukee and St. Paul Railway Co.; thence Southwesterly along said right of way line to the West line of the Northeast Quarter of the Northeast Quarter of said Section; thence South to the Southwest Corner of the Northeast Quarter of the Northeast Quarter; thence East along the South line of said Northeast Quarter of Northeast Quarter of said Section to the point of intersection with a line running parallel with the East line of said Section from the actual point of beginning; thence North along said parallel line to the actual point of beginning. Par 2: The Southeast Quarter of the Northeast Quarter that part of the North 1/2 of the Southeast Quarter which lies North of the center line of Excelsior Boulevard, -' Section 20, Township 117, Range 21 excepting there from that part which lies East of a line described as follows: Commencing at a point on the East line of said Section 90 feet South of the South line of Calhoun Street; thence West parallel with the South line of Calhoun Street and the same extended to a point 111 feet West of the East line of said Section the actual point of beginning of the line to be described; thence South parallel with the East line of Section 20 to the center line of Excelsior Boulevard and except that part lying Southerly and Westerly of a line drawn fi-om a point in the West line of the Southeast Quarter of the Northeast Quarter distant 425 feet South of the Northwest corner thereof to a point in the South line of said Southeast Quarter of the Northeast Quarter distant 480 feet West of the Southeast corner thereof; thence along said line projected Southeasterly to the intersection with a line drawn 411 feet West of, measured at a right angle to and parallel with the East line of the North 1/2 of the Southeast Quarter; thence South along last said parallel line to the center line of Excelsior Boulevard and there terminating. Subject to a power line easement over a strip of land 35 feet in width as set forth in the record, Book 1045 of Deeds, page 41, the center line of which strip was described as follows, to wit: Beginning at a point 17 1/2 feet West of the Southeast corner of said Section 20, thence North parallel to East section line and equidistant therefrom to the South line of Excelsior Boulevard sometimes called Hopkins Road; thence Northwesterly to a point on the North line of said Excelsior Boulevard 128 1/2 feet West of said East section line; thence North and parallel to said section line to a point 128 1/2 feet West of said Section line and 14 feet South of the South line of said Lot 14, Block 78, in the Village of St. Louis Park all as shown by plat on file herein of which a certified copy shall be filed with the Registrar of Titles.