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HomeMy WebLinkAbout18-054 - ADMIN Resolution - City Council - 2018/03/19RESOLUTION NO. 18-054 RESOLUTION 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 4503 & 4509 MINNETONKA BOULEVARD WHEREAS, Anthony Construction, on behalf of Bais Yaakov of Minneapolis, has made application to the City Council for a Conditional Use Permit (CUP) with Variance for Bais Yaakov Girls' High School, located at 4503 & 4509 Minnetonka Boulevard, having the following legal description: Lot 2, Block 2, "Fern Hill", St. Louis Park, Minnesota, Hennepin County, Minnesota AND Lots 3 and 4, Block 2, "Fern Hill", St. Louis Park, Minnesota, Hennepin County, Minnesota WHEREAS, the subject property is located in the RC High Density Residential zoning district; WHEREAS, Bais Yaakov Girls' High School is an educational facility with more than 20 students and is permitted by conditional use permit in the RC zoning district; WHEREAS, the existing front yard of the subject property is 24.87 feet, and a front yard of 30.0 feet is required in the RC zoning district, and the existing building location is nonconforming. WHEREAS, the applicant requests a variance of 5.2 feet to allow the 25.0 feet front yard and the addition of one-story to the existing building. NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of St. Louis Park hereby makes the following findings of fact: FINDINGS The City Council has considered the information related to Planning Case No. 17 -30 -CUP and 17 -31 -VAR and the effect of the proposed educational facility 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. 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. Resolution No. 18-054 2 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. 3. The proposal meets the following specific standards and conditions for an educational facility with more than 20 students located in the RC zoning district: a. Buildings shall be located at least 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreation and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be a roadway identified in the comprehensive plan as a collector or arterial or shall otherwise be located so that access can be provided without generating significant traffic on local residential streets. 4. The proposal meets the following criteria necessary to grant a front yard variance: a. The proposal will have no negative impact on the overall health, safety and welfare of the community. b. This request is in harmony with the general purposes and intent of the zoning ordinance because it will allow the existing building to conform to the zoning ordinance. c. The proposed variance request is consistent with the comprehensive plan because it will allow use of the site that is consistent with the land use guidance in the plan. d. The proposal establishes that there are practical difficulties in complying with the zoning ordinance. i. The proposed use of an educational facility is permitted in the zoning district through a conditional use permit. ii. The variance is needed due to the location of the existing building. These circumstances are unique to the site and not created by the current landowner. iii. Adjacent properties on the east and west side of the site contain two story buildings that are similar in height as proposed for this project. There are also three buildings at 4301, 4315, 4325 Minnetonka Boulevard with the same front yard setbacks as the subject property that are also in the RC district and located one block to the east. The variance will not alter the essential character of the locality. iv. The expansion of the existing building to two stories is necessary for the operations of the proposed school. e. The existing building creates the need for a variance. It is a condition unique to the property. f The variance is necessary for the operation of the high school. 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. Vertically expanding the existing Resolution No. 18-054 building, which necessitates the variance, helps limit the footprint of the expanded building and allows the site to meet the city's parking and landscaping requirements. 5. The contents of Case Nos. 17 -30 -CUP and 17 -31 -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 the Conditional Use Permit with Variance to allow the educational facility with more than 20 students and a reduction in front setback from 30.0 feet to 24.8 feet are hereby 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 exhibits: a. Site Plan b. Grading & Drainage Plan c. Utility Plan d. Erosion Control Plan e. Landscape Plan f. North and East Elevations g. South and West Elevations 2. Assent form and official exhibits shall be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. 3. Building material samples shall be submitted and approved before issuance of building permits. 4. 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. ler the Zoning Ordinance, this permit shall be revoked and cancelled if the use for which conditional use permit and variance ceases. City Manager Attest: VM �A A&) k;� VJW49_'\ Melissa Kenned , Nylferk CT Adopted by the City Council March 19, 2018