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HomeMy WebLinkAbout17-172 - ADMIN Resolution - City Council - 2017/11/06RESOLUTION NO. 17-172 RESOLUTION RESCINDING RESOLUTION NO. 91-50 AND GRANTING CONDITIONAL USE PERMIT WITH VARIANCE UNDER SECTIONS 36-33 AND 36- 34 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO REDUCE FRONT SETBACK FOR PROPERTY LOCATED AT 4701 41sT STREET WHEREAS, the City of St. Louis Park has made application to the City Council for a Conditional Use Permit (CUP) with Variance for Water Treatment Plant No. 4, located at 4701 41 sc Street, having the following legal description: That part of the north 150 feet of said Lot 7, Yale Land Company's Garden Lots, lying east of a line drawn southerly at right angles from the north line of said Lot 7, from a point therein 200 feet southwesterly of the northeasterly comer thereof along the line of said Lot 7. Said north 150 feet to be measured at right angles to the Northwest line of said Lot 7. NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of St. Louis Park hereby makes the following findings of fact: FINDINGS 1. The City Council has considered the information related to Planning Case No. 17 -26 -CUP and 17 -27 -VAR and the effect of the proposed Public Services Structure and variance on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the variance on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance. 2. Water Treatment Plant No. 4 is a Public Services Structure and is permitted by conditional use permit in the R-1 zoning district. 3. The proposal meets all the general standards and conditions for a CUP: a. The proposal is consistent with and supportive of principles, goals, and implementation strategies of the comprehensive plan. b. The proposal is not detrimental to the health, safety, morals and general welfare of the community. There are no undue adverse impacts on properties in close proximity to the site. c. The proposal is compliant with all relevant city codes. d. The proposal will have no undue adverse impacts on governmental facilities or services, and will in fact improve water treatment services in the city. e. The proposal is consistent with all site design and landscape plan requirements, and the plans will be adopted as part of the conditions imposed on the use by the Council. f. The proposal is consistent with the City's stormwater, sanitary sewer, and water plans. g. The proposal complies with all conditions imposed by the Council and listed within the conditional use permit. 4. The proposal meets the following specific standards and conditions for a Public Services Structure located in the R-1 zoning district: a. All exterior faces of the building meets the city's architectural material standards. b. All structures are located a minimum of 15 feet from any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building. c. All service drives are paved. Resolution No. 17-172 2 5. The proposal meets the following criteria necessary to grant a variance: a. The proposal will improve the overall health, safety and welfare of the community by allowing Water Treatment Plant No. 4 to operate at optimal conditions. b. The proposal places an accessory structure in what is functionally a side yard. The variance will decrease the setback of this yard to allow the structure to conform to the zoning ordinance. This request is in harmony with the general purposes and intent of the zoning ordinance. c. The proposed variance request is consistent with the comprehensive plan because it enhances the ability of the Utilities Department to fulfill its mission of providing an uninterrupted supply of safe, high quality water to its customers. d. The proposal establishes that there are practical difficulties in complying with the zoning ordinance. i. The proposed use of a remote radiator for an emergency generator is permitted in the zoning district. ii. The variance is needed due to circumstances unique to the Water Treatment Plant No. 4 property. Steep slopes preclude placing the radiator on the south side of the site, and an underground tank north of the existing building cannot support the weight of the radiator. iii. The screening wall location minimizes the visual impact of the facility from adjacent parcels. The material of the screening wall will match the materials used in the existing building, and thus will not alter the essential character of the locality. iv. The choice of radiator and location of the facility were made to maximize efficiency and service to residents while also minimizing the impact to adjacent parcels. The practical difficulties of the site do not merely include economic considerations. e. The unique orientation of the property created a need for the variance. The technical front yard is on the east side along Natchez Avenue, while the functional front yard is on the north side along 41" Street West. f. The variance is necessary for the optimal operation of the water treatment plant. g. The variance will create no undue adverse impacts on nearby properties. h. The granting of the variance will not merely serve as a convenience to the applicant but is necessary to alleviate a practical difficulty. The remote radiator roust be located near the emergency generator it will serve; this generator will be located in the northeast comer of the existing building. 6. The contents of Case No. 17 -26 -CUP and 17 -27 -VAR are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT FURTHER RESOLVED that Resolution No. 91-50 is hereby rescinded, and the Conditional Use Permit with Variance to allow the Public Services Structure and a reduction in front setback from 30 feet to 15 feet is granted based on the findings set forth above and subject to the following conditions: 1. The property shall be used and developed in accordance with the attached Exhibit A: Site Plan, Exhibit B: Grading Plan, Exhibit C: Landscaping Plan, Exhibit D: First Floor Plan, and Exhibit E: Building Elevations. 2. All required permits shall be obtained prior to starting construction, including but not limited to City of St. Louis Park Erosion Control and Building Permits. Resolution No. 17-172 3. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the use for which the conditional use permit and variance ceases. Assent form and official exhibits shall be signed by applicant (or applicant and owner if pplicant is different from owner) prior to issuance of a building permit. for City Manager Attest: AMelisAKcrmed, lerk by the City Council November 6, 2017