HomeMy WebLinkAbout18-180 - ADMIN Resolution - City Council - 2018/11/05Resolution No. 18-180
Resolution approving a conditional use permit and variances for
3115 Ottawa Avenue South and 3115 Natchez Avenue South
Whereas, Rabbi Shlomo Kutoff, on behalf of The Yeshiva of Minneapolis, applied for a
conditional use permit and variances for the purpose of constructing an addition to the existing
school at 3115 Ottawa Avenue South; the property is legally described as follows, to -wit:
Parcel 1:
Lots 1, 2, 3, 4,5and 6;
that part of Lots 7 and 8 lying Northerly of State Highway Number 7, except the South five
feet of said Lot 8; that part of Lot 21 lying Northerly of a line drawn from a point in a line
15 feet East of and parallel to the West line of Block 2, and five feet North of the South
line of said Lot 21, thence Southeasterly a distance of 15.81 feet to the South line of said
Lot 21 and there terminating; except the West 15 feet of said Lot 21; and Lots 22, 23, 24,
25, 26, 27, and 28, except the West 15 feet of said Lots 22 through 28; all in Block 2,
Mazey & Langan's Addition to St. Louis Park;
together with that part of the alley in said Block 2, Mazey & Langan's Addition to St. Louis
Park, vacated by Ordinance No. 1245 adopted September 24, 1973, filed October 4, 1973,
as Document No. 4045994 (Abstract), and filed October 9, 1973, as Document No.
1088035 (Torrens), lying Northerly of State Highway 7 and Southerly of the Westerly
extension of the North line of Lot 1, said Block 2.
Hennepin County, Minnesota
Abstract Property
Torrens Property
Parcel 2:
Lots 24 and 25, Block 2, Oakenwald Addition, St. Louis Park, Minnesota.
Whereas, the property is guided Civic in the Comprehensive Plan future land use map.
Whereas, the property is located in the R-4 Multiple -Family Residence zoning district.
Whereas, the Yeshiva of Minneapolis is an educational facility that opened in 2013, and
continues to operate to the present day.
Whereas, the applicant requests a conditional use permit to allow an expansion to the
existing educational facility, and to allow import/export of more than 400 cubic yards of soil.
Whereas, the applicant requests variances from the requirements of Zoning Ordinance
Section 36-166(f)(2) to allow an increase of 0.22 to the maximum floor area ratio from 0.07 to
0.92, and to allow an increase of 0.07 to the maximum ground floor area ratio from 0.35 to
0.42; a variance from the requirements of Zoning Ordinance Section 36-166(f)(11) to allow a 15
Resolution No. 18-180
foot rear yard instead of the required 25 foot minimum; and a variance from Section 36-
166(f)(9 and 10) to allow a side yard of 14.5 feet instead of the required 38.2 foot minimum.
Findings
Whereas, the city council has determined that the applications meet the conditions for
educational facilities with student housing in the R-4 zoning district, including:
a. Buildings shall be located at least 50 feet from a lot in an R district.
b. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an
R district.
C. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
d. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
e. Student housing. At a minimum, the student housing must meet the following
conditions:
1. No more than 200 students may live on-site.
2. The maximum number of dorm rooms allowed shall be determined by multiplying
the district density maximum by the lot size.
3. An outdoor recreation area shall be provided that contains at least 40 square feet
per student living at the school.
4. The housing must be supervised 24 hours a day, seven days a week by an adult
living on-site.
5. The students living on-site must be actively enrolled in the school as full-time
students.
6. The student housing must be located on the same parcel as the school.
Whereas, the property is guided "Civic" in the comprehensive plan, which allows multi-
family dwellings.
Whereas, the use of this property as an educational facility with student housing is
consistent with and supportive of principles, goals, objectives, land use designations,
redevelopment plans, neighborhood objectives, and implementation strategies of the
comprehensive plan.
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 the use.
Whereas, the use is consistent with the regulations, intent and purpose of city code and
the zoning district in which the use is located. The proposed plan, with staff recommended
conditions of approval, will meet the conditions required for an educational facility with
student housing including the proposed building, parking lot and site improvements.
Whereas, the use will not have undue adverse impacts on governmental facilities, services
or improvements which are either existing or proposed.
Resolution No. 18-180
Whereas, the site design for the educational facility with student housing is consistent
with the design and other requirements of site and landscape plans prepared by or under the
direction of a professional landscape architect or civil engineer registered in the state and
adopted as part of the conditions imposed on the use by the city council.
Whereas, the use and site design are consistent with the city's storm water, sanitary
sewer, and water plans. On-site storm water management improvements will be made as part
of the site improvements. The existing utilities have capacity for the use.
Whereas, the variances are in harmony with the general purposes and intent of the
Zoning Ordinance:
1. The intent of ground floor area ratio and floor area ratio provisions are to reserve
space on a lot for parking, landscaping and outdoor recreation area, and to control
the scale of the building. With the granting of these variances the expansion will
still meet landscaping and outdoor recreational area requirements, while
permitting the construction of a functional educational facility. The proposed
building is similar to the scale of other buildings in the area. Parking is provided on-
site and in a parking lot on the east side of Natchez Avenue South.
2. The educational facility is surrounded on all sides by public right-of-way. Therefore
the closest residential property is 75 feet away from the proposed expansion
which exceeds the required minimum rear yard of 25 feet and required side yard
of 38 feet.
3. The intent of the side yard requirements in the ordinance is to ensure sufficient
space between buildings and uses to avoid negative impacts on neighboring
properties. The reduced side yards will still allow sufficient space between
buildings and the public right-of-way.
4. The height of the proposed expansion is approximately 16 feet at the closest point
to the residential properties, therefore, the reduced setback meets the intent of
mitigating the impact of a 40 foot tall wall that would otherwise be located at the
minimum required setback.
Whereas, the variances are consistent with the comprehensive plan. They allow the
construction of an educational facility with student housing on the site, which would otherwise
not be possible due to the placement of the synagogue building which the educational facility
occupied in 2013. This project will also provide amenities not previously available to the
students.
Whereas, there are practical difficulties in complying with the Zoning Ordinance. The
request for the variances is due in part to the reuse of the synagogue as an educational facility
with student housing. The property owner has to work within the constraints of the existing
building and its unique building design.
Whereas, the granting of the variances is necessary for the preservation and enjoyment of
a substantial property right. Due to the reuse of the synagogue as a school, without the
variances, the school could not be expanded to include a gymnasium and keep the existing
assembly area within the building. Both the assembly area and gymnasium are necessary for
the operation of an educational facility.
Resolution No. 18-180 4
Whereas, the contents of Case Nos. 18-51-Z, 18 -52 -CP, 18 -54 -CUP, 18 -55 -VAR, 18 -56 -VAR,
18 -57 -VAR, and 18 -63 -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 and accepted by the city council as being in accord and conformity with all
ordinances, city plans and regulations of the City of St. Louis Park, provided, however, that thi
approval is made subject to the opinion of the City Attorney and Certification by the City Clerk
and subject to the following conditions:
1. The site shall be developed, used and maintained in conformance with the official
exhibits. The official exhibits include:
a. Exhibit A: T1 Title sheet
b. Exhibit B: ALTA land title survey
c. Exhibit C: C2-1 Site plan
d. Exhibit D: C3-1 Grading plan
e. Exhibit E: C3-2 SWPPP
f. Exhibit F: C3-3 SWPPP notes
g. Exhibit G: C4-1 Utility plan
h. Exhibit H: 1-1-1 Landscape plan
L Exhibit I: A300 Building elevations
j. Exhibit J: Photometric plan
k. Exhibit k: Haul Route
2. All student drop-off and pick-up areas, including queuing lines, must be located
on-site.
3. No more than 175 students may live on-site.
4. The student housing must be supervised by an adult that lives on-site 24 hours a
day, seven days a week.
5. All residents, except the adult supervisor, must be students that are actively
enrolled as a full-time student at the Yeshiva of Minneapolis.
6. The student housing must be located on the same parcel as the school.
7. The site must comply with the city's landscaping regulations.
8. Prior to issuing the building permit, the following conditions shall be met:
a. Applicant shall submit a financial security in the form of cash escrow or letter
of credit in the amount of 125% of the costs of landscaping.
b. Assent form and official exhibits must be signed by the applicant and owner.
9. All new utilities shall be buried.
10. A landscape boulevard must be provided between the street curb and the public
sidewalk, in accordance with city engineering standards.
11. The rear and side yard variances are granted for the proposed addition only.
Future additions to the portion of those buildings located within the 25 -foot -rear -
yard (north side) and 38.2 -foot -side -yard (east side) are not permitted.
12. The GFAR and FAR variances are granted for the proposed addition and existing
building only. Future additions to the building cannot be approved without
another variance to the GFAR and/or FAR.
Resolution No. 18-180
13. 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 building, erosion control, right-of-way, and sign permits.
c. Minnehaha Creek Watershed District storm water management permit.
14. Prior to issuance of city building or erosion control permits:
a. The city assent form and the official exhibits shall be signed by property owner
prior to issuance of a building permit.
15. Prior to the start of construction:
a. A preconstruction meeting shall be held with the appropriate development,
construction, private utility, and city representatives..
b. A parking plan for construction workers and vehicles shall be submitted for
administrative review and approval by the city.
In addition to other remedies, the developer or owner shall pay an administrative fee of
$750 per violation of any condition of this approval.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
epin County Register of Deeds or Register of Titles as the case may be.
administration: Adopted by the City Council November 5, 2018
Manager
Attest:
,ANA L
Melissa enned , City CI U r