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HomeMy WebLinkAbout16-056 - ADMIN Resolution - City Council - 2016/04/04RESOLUTION NO. 16-056 RESOLUTION GRANTING A VARIANCE FROM SECTION 36-34 OF THE ORDINANCE CODE RELATING TO ZONING TO THE C-1 NEIGHBORHOOD COMMERCIAL REQUIREMENT THAT DAYCARE OUTDOOR PLAY AREAS BE LOCATED A MINIMUM OF 200 FEET FROM ANY ROADWAY DEFINED ON THE COMPREHENSIVE PLAN AS A PRINCIPAL ARTERIAL FOR PROPERTY LOCATED AT 2460 STATE HIGHWAY 100 SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings New Horizons Academy has applied for a variance from Section 36-193(c)(2)c of the Ordinance Code relating to zoning that daycare outdoor play areas be located a minimum of 200 feet from any roadway designated in the Comprehensive Plan as a principal arterial for property located in the C-1 Neighborhood Commercial at the following location, to - wit: Lot 4, Block 1, RIDGE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPTING THEREFROM, that part of Lot 4, Block 1, RIDGE ADDITION, conveyed in fee to the State of Minnesota by deed dated February 9, 1987, recorded April 10, 1987, as Document No. 5251461. (Abstract Property) 2. On March 2, 2016, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a variance to the C-1 Neighborhood Commercial requirement that a daycare's outdoor play area be located a minimum of 200 feet from any roadway defined on the Comprehensive Plan as a principal arterial. 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. Due to 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. The west portion of the property is encumbered with a j oint parking and access easement, and the shape is triangular in shape, which limits the amount of area that can be used beyond the 200 foot setback. There is also a wall and fence combination that creates a substantial barrier between the highway from the subject property. Resolution No. 16-056 -2- 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 -09 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. 8. Under the Zoning Ordinance, this variance shall be deemed to be abandoned, revoked, or canceled if the holder shall fail to complete the work on or before one year after the variance is granted. 9. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. CONCLUSION The application for the variance to the C-1 Neighborhood Commercial requirement that daycare outdoor play areas be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial is granted based on the findings set forth above, and subject to the following conditions: 1. The change to the property's land use designation on the 2030 Comprehensive Plan Land Use Map from Office to Commercial, and approval of the rezoning of the property from Office to C-1 Neighborhood Commercial. 2. The site shall be developed, used and maintained in conformance with the Official Exhibits. 3. An eight foot wide trail shall be constructed along Utica Ave S, and an easement shall be submitted as required. 4. Prior to starting any land disturbing activities, the following conditions shall be met: a. Assent Form and Official Exhibits must be signed by the applicant and property owner(s). b. All necessary permits must be obtained. c. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park for all public improvements (sidewalks, utilities, street lights, landscaping, irrigation, etc.) and private site landscaping. 5. The site shall meet all fire lane requirements. Clerk is instructed to record certified copies of this resolution in the Office of the county Register of Deeds or Registrar of Titles as the case may be. the City Council April 4, 2016 Manager Attest: Doc No A10311187 Certified, filed and/or recorded on May 4, 2016 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 92 des. No. Pkg ID 1387747M Document Recording Fee $46.00 Document Total $46.00 �0C.l 4�7 i NFICS 0, This cover sheet is now a permanent part of the recorded document. RESOLUTION NO. 16-056 RESOLUTION GRANTING A VARIANCE FROM SECTION 36-34 OF THE ORDINANCE CODE RELATING TO ZONING TO THE C-1 NEIGHBORHOOD COMMERCIAL REQUIREMENT THAT DAYCARE OUTDOOR PLAY AREAS BE LOCATED A MINIMUM OF 200 FEET FROM ANY ROADWAY DEFINED ON THE COMPREHENSIVE PLAN AS A PRINCIPAL ARTERIAL FOR PROPERTY LOCATED AT 2460 STATE HIGHWAY 100 SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings New Horizons Academy has applied for a variance from Section 36-193(c)(2)c of the Ordinance Code relating to zoning that daycare outdoor play areas be located a minimum of 200 feet from any roadway designated in the Comprehensive Plan as a principal arterial for property located in the C-1 Neighborhood Commercial at the following location, to - wit: Lot 4, Block 1, RIDGE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPTING THEREFROM, that part of Lot 4, Block 1, RIDGE ADDITION, conveyed in fee to the State of Minnesota by deed dated February 9, 1987, recorded April 10, 1987, as Document No. 5251461. (Abstract Property) 2. On March 2, 2016, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a variance to the C-1 Neighborhood Commercial requirement that a daycare's outdoor play area be located a minimum of 200 feet from any roadway defined on the Comprehensive Plan as a principal arterial. 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. 4. Due to 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. The west portion of the property is encumbered with a joint parking and access easement, and the shape is triangular in shape, which limits the amount of area that can be used beyond the 200 foot setback. There is also a wall and fence combination that creates a substantial barrier between the highway from the subject property. kesolution No. 16-056 -2- 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 -09 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. 8. Under the Zoning Ordinance, this variance shall be deemed to be abandoned, revoked, or canceled if the holder shall fail to complete the work on or before one year after the variance is granted. 9. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. CONCLUSION The application for the variance to the C-1 Neighborhood Commercial requirement that daycare outdoor play areas be located a minimum of 200 feet from any roadway. -defined on the comprehensive plan as a principal arterial is granted based on the findings set forth above, and subject to the following conditions: 1. The change to the property's land use designation on the 2030 Comprehensive Plan Land Use Map from Office to Commercial, and approval of the rezoning of the property from Office to C-1 Neighborhood Commercial. 2. The site shall be developed, used and maintained in conformance with the Official Exhibits. 3. An eight foot wide trail shall be constructed along Utica Ave S, and an easement shall be submitted as required. 4. Prior to starting any land disturbing activities, the following conditions shall be met: a. Assent Form and Official Exhibits must be signed by the applicant and property owner(s). b. All necessary permits must be obtained. c. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park for all public improvements (sidewalks, utilities, street lights, landscaping, irrigation, etc.) and private site landscaping. 5. The site shall meet all fire lane requirements. Clerk is instructed to record certified copies of this resolution in the Office of the County Register of Deeds or Registrar of Titles as the case may be. Manager Attest: Melis a Kerne , City Clerk