HomeMy WebLinkAbout18-110 - ADMIN Resolution - City Council - 2018/07/16Resolution No. 18-110
Approval of a conditional use permit with variances for a religious institution
located at 6713 and 6719 Cedar Lake Road
Whereas, Church Administrator Dmitri Smirnov representing the property owner, Light
of the World Church, submitted applications for a conditional use permit to operate a religious
institution, a variance to allow a six foot tall fence instead of the required eight feet, and a
variance to allow 60 parking spaces instead of 76 parking spaces upon the following described
lands in Hennepin County, Minnesota, to -wit:
Lots 5, 6 and 7 "Elliot View Addition"
Whereas, the property is located in the R-2 Single -Family Residence zoning district, and
religious institutions are allowed in this district by conditional use permit.
Whereas, the property is guided "Civic" in the comprehensive plan, which allows
religious institutions.
Whereas, the property has been used as a religious institution since it was constructed
in 1956, and Light of the World will continue to use it as such.
Whereas, all proceedings required for the conditional use permit and variance
applications have been duly had thereunder.
Findings
Whereas, the use is in all respects consistent with the comprehensive plan, the
regulations and requirements of the laws of the State of Minnesota and the ordinances of the
City of St. Louis Park as approved with the variances authorized herein.
Whereas, the use is not detrimental to the health, safety, morals and general welfare of
the community as a whole. It will not have undue adverse impacts on the use and enjoyment of
properties, existing and anticipated traffic conditions, parking facilities on adjacent streets, and
values of properties in close proximity to it. The property has been used as a place of worship
since it was constructed in 1956. The additional parking proposed to be constructed as part of
the conditional use is expected to reduce on -street parking, and it will replace the current over-
flow parking occurring on the lawn with a proper and safe surface that meets code
requirements for surfacing, curbing, lighting and landscaping.
Whereas, the use is consistent with and supportive of principles, goals, objectives, land
use designations, redevelopment plans, neighborhood objectives, and implementation
strategies of the comprehensive plan. The property is guided "Civic" which allows place of
worship.
Resolution No. 18-110
Whereas, the use is consistent with the regulations, intent and purpose of city code and
the zoning district in which the conditional use is located. The proposed plan, with the
variances to the minimum required parking and fence height, meets the conditions required for
a place of worship and the parking lot improvements.
Whereas, the use will not have undue adverse impacts on governmental facilities,
services or improvements which are either existing or proposed. Services will not be impacted
by the proposed place of worship or parking lot expansion.
Whereas, the use is consistent with the City's stormwater, sanitary sewer, and water
plans. Additional municipal stormwater, sanitary sewer or water improvements are not
required. On-site private stormwater management improvements will be made in conjunction
with the parking lot improvements.
Whereas, the proposed variances will not have an adverse impact upon the health,
safety, and welfare of the community.
Whereas, the variances are in harmony with the general purposes and intent of the
zoning code. The six foot tall fence is a typical height for privacy fences in a single-family
neighborhood, and it is sufficient in height to mitigate impacts the small parking lot may have
on adjacent residential properties. Also, due to the small size of the church it is unlikely that
both assembly areas (the sanctuary and dining hall) will be fully occupied at the same time.
Whereas, there are practical difficulties in complying with the zoning code. The property
is currently legally non -conforming to both the fence and parking requirements. Granting of the
conditional use permit with variances will bring the property into substantial compliance. The
small size of the property and its close proximity to residential uses make it difficult to fully
comply with the number of parking spaces required, and installing an eight foot tall privacy
fence is out of scale with the character of the neighboring single-family residential properties.
Whereas, granting the variances is necessary for the preservation and enjoyment of a
substantial property right. The six foot tall fence is consistent with privacy fence height in
single-family neighborhoods, and it will reduce the impact of shading and other visual aspects
resulting from a tall barrier such as an eight foot fence. The additional parking proposed with
the conditional use permit will reduce the frequency of on -street parking. The variance also
allows the construction of a parking lot that meets the needs of the church while preserving
green space for landscaping and open space.
Whereas, the contents of Case Nos. 18 -21 -CUP, 18 -24 -VAR and 18 -25 -VAR are hereby
entered into and made part of the record of decision for this case.
Conclusion
Now therefore be it resolved that the conditional use permit and variances are hereby
approved, subject to the following conditions:
Resolution No. 18-110 3
1. Prior to issuance of a permit, assent form and official exhibits must be signed by
the property owner, and the owner and contractor shall follow the same Construction
Management Plan procedures and requirements for this work as is required for major additions
to single-family homes under City Code 6-71.
2. The site shall be developed, used and maintained in conformance with the
following Official Exhibits:
a. Exhibit A: Site Plan (Paving and dimension Plan)
b. Exhibit B: Grading and Erosion Control Plan
c. Exhibit C: Landscape Plan
d. Exhibit D: Utility Plan
e. Exhibit E: Light Plan
f. Exhibit F: Floor Plan
3. Concrete curbing and landscaped parking lot islands shall be installed as shown
on the approved exhibit.
4. Landscaping shall be installed as shown on the approved exhibit, which requires
at least 16 overstory trees.
5. A financial guarantee shall be submitted to ensure the completion of the
landscaping, sidewalk.
6. The exit to Cedar Lake Road be expanded to 24 feet wide to provide two-way
traffic.
7. The variance to reduce the number of required parking spaces from 76 to 60 is
approved based on the size of the existing assembly hall and dining hall. The assembly hall and
the dining hall shall not be expanded unless additional parking spaces are provided as required
by code at the time of the proposed expansion.
8. All required permits shall be obtained prior to starting construction, including
but not limited to:
a. NPDES grading/construction permit,
b. City of St. Louis Park erosion control, right-of-way, and parking lot
permits, and
C. Minnehaha Creek Watershed District stormwater management permit.
9. In addition to other remedies, the developer or owner shall pay an
administrative fee beginning at $750 per violation of any condition of this approval.
The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-
named owner, who is the applicant herein.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
No. 18-110 4
RevieAed fQr Administration: Adopted by the City Council July 16, 2018
ThAapl I rmeni y Manager Ja <e S a T
yor
Attest:
Melissa ennedy, htK`