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HomeMy WebLinkAboutCC RES 03-053 A RESOLUTION RELATING TO VARIANCE REQUESTS FOR THE PROPOSED REDEVELOPMENT OF THE CORNER OF KENZIE TERRACE AND HIGHWAY 88 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII ioasaz Box: 31 Folder: RES 2003 Document: CC RES 03-053 A RESOLUTION RELATING TO VARIANCE REQUESTS FOR THE PROPOSED REDEVELOPMENT OF THE CORNER OF KENZIE TERRACE AND HIGHWAY 88 v • CITY OF ST.ANTHONY VILLAGE RESOLUTION 03 -053 A RESOLUTION RELATING TO VARIANCE REQUESTS FOR THE PROPOSED REDEVELOPMENT OF THE CORNER OF KENZIE TERRACE AND HIGHWAY 88 WHEREAS, variance requests from Amcon Construction for the redevelopment of the corner of Kenzie Terrace and Highway 88(Stonehouse/Fire Department properties)were presented to the St. Anthony Planning Commission at a public hearing on July 15,2003: 1. Two front yard setback variances of 30 feet each for a proposed setback of 5 feet at the building corners.Following are the findings by the Planning Commission: a. The property is currently blighted,poorly planned with regard to layout and is an overall detriment to the area b. Undue hardship exists and is a result of an oddly shaped parcel that is generally triangular in shape with a rounded side 1) These circumstances are not caused by the applicant or property owner 2) The variance, if granted,would not alter the essential character of the locality,but would essentially replace existing blighted structures with new,more aesthetically pleasing buildings • 3) The property cannot be put to reasonable use without the requested variance because even reconstructing the existing blighted buildings on their same footprints would require setback variances 4) Economic considerations alone are not the basis C. The circumstances creating this hardship are unique to this oddly- shaped property d. Granting of the variance will keep within the spirit and intention of the zoning code and further, it is consistent with the City's Comprehensive Plan. 2. One rear yard setback variance of 10 feet for a proposed setback of 10 feet at the southeast corner property line job.Planning Commission findings are: a. The property is currently blighted,poorly planned with regard to layout and is an overall detriment to the area b. Undue hardship exists based on the following: 1) Circumstances creating the hardship is an irregular parcel with a jog,not the result of the owner/applicant 2) The variance, if granted,would not alter the essential character of the locality as there is sufficient room at the property line and adjacent buildings and streets. In addition,the project • improves the rear yard setback condition as compared to the existing blighted buildings • 3) Economic consideration alone is not the reason for the variance request 4) Because of the overall shape of the parcel,the property cannot be put to reasonable use without the need for variances C. The variance will maintain the spirit and intent of the zoning code d. The circumstances creating the need for the variance are unique to this property because of its odd shape 3. A parking variance of 27 stalls for a proposed 120 parking stalls for a sit down restaurant and adjacent retail(147 required) a. The property is currently blighted, is poorly planned and is overall a detriment to the locale b. An undue hardship would result if strict adherence to the ordinance is required,based on the following: 1) The hardship results from the odd shape of the parcel,and was not created by the owner/applicant 2) The variance would not alter the essential character of the locale,but would represent an improvement to the area 3) The property cannot be put to reasonable use without the variance because of its odd configuration 4. Economic considerations alone are not the basis of the • hardship C. The circumstances creating the hardship are unique to this property d. The granting of this variance will maintain the spirit of the zoning code because of the staggered peak business times for the proposed uses of the property,which will allow for adequate parking for all the uses at any given time of day. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of St.Anthony hereby approves the above variance requests from Amcon Construction for redevelopment of the corner of Kenzie Terrace and Highway 88,as recommended by the Planning Commission at their July 15,2003 meeting,. Adopted this day of Mayor ATTEST: City Clerk Reviewed for Administration: City Manager •