1971-4587r~y~~
RESOLUTION N0. 1587
RESOLUTION DENYING VARIANCE FOR A GASOLINE
SERVICE STATION AT 6237, 621+1 AND 621+5 LYI~DALE
AVENUE'SOUTH
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as
follows:
1. The council herewith°•finds-and-determines:
A. Section•3o33; Subdivision 3, Paragraph. (a) provides in substance tYiat
a special use permit for a gasoline service station shall not be granted for a site
which abutsupon a residential district.
B. An application has been made for a variance from this ordinance provision,
so as to permit a gasoline service station to be located at 6237, 621+1 and 6245 Lyndale
Avenue South. - '
_ --- --C: The--property--for' which the•~application is -sought abuts upon a residential
district and there are residences located on all of the tracts of land which directly
abut. upon a propos.e.d gasoline- service station site.; .
D. It-has ~been~represented~to the council~that-the owner of~the property•for=~
which the variance-~ia--sought -has sold the subject-property-as a location for a Texaco
service station, conditioned upon the granting of all the necessary permits for the
construction of such a~service station-on°this property: •- ~ - ~ •
E. There is.a residence located on the north end of the property for which
the variance is sought. TIie balance of the property is unimproved: ~ ~~
F. The. tract: of land involved is rectangular in shape and can be developed
for a variety of different uses permitted in the general commercial zoning districts
of the city: -
G. The above-cited restriction against locating a service station on~property
abutting upon a residential district has been in effect for a number of years and was
in effect at the time that the- applicants acquired the •sub~ect. property.e ~ .
H. Although-previous-councils--have~~in.-some;.=instances authorized the eons- -
struction of • gasoline->service: stations abutting- upon° reBiderrt~.~al -prope~°ty, the~• loca-_-
tion of service>: stations•~ in close- prox3.mity~ to- residences-•has an adverse -effect- on-the
value of the residential propert3:es°abuttng.>service stations-and creates .problems for
the owners and-•occupants- of, such residerrtiai propertyo----It- $s the desire of the city
to avoid and correct prior mistakes, and to discontinue locating gasoline service
stations .on property ;butting residential prc~pertp. _ .
I. The application of the provisions of:Section-3.33, Subdivision 3,
Paragraph (a) of the ordinance code of the city does not cause undue hardship to the
applicant or the owner of the aub~ect property. .
J. There are no circumstances unique to~~the sub~ect-property~under considera-
tion which cause undue hardship to the applicant or the owner of the property justifying
the granting of a variance from the literal provisions ~f such Paragraph (a).
(q~pptinued )
~~~
Resolution No. 4587
(Continued)
K. To grant the variance applied for in this instance would not be in
keeping with the spirit and intent of the zoning ordinance of the city.
L. City code, Section 3.40, Subdivision 6, provides that before granting
a variance the council. must find that there are special circumstances or conditions
affecting the•. particular land;. builcling or use referred- to in the application, not
common to other properties in this or similar distY~icts. There are no such special
circumstances or conditions affecting the particular land involved in this application.
M. City code, Section 3.40, Subdivision 6, Paragraph-2.;.provides that in
the granting of a variance the council must find that the granting~of it is necessary
for the preservation and enjoyment of substantial property rights. The granting of
the application for a variance in this case is not necessary for the preservation and
enjoyment of substantial rights.
N. City -code, Section 3.40, Subclivision 6,~also provides that in the granting
of an application for a variance the council must find that granting it will not mater-
ia11y and adversely affect the health or safety of persons residing or working in the
neighborhood of the applicant and•will not be materially detrimental to the public'
welfare or injurious to property or improvements~~.n the neighborhood. The granting of
the application in. the instant case would materially and adversely affect. the health
and safety of perons residing or working in the neighborhood. The granting of the
application would be materially detrimental to the public welfare and would be in-
~jurious to property or improvements in the neighborhood.
2. The application-for a variance from the provisions of Section 3.33, Subdivision
3, Paragraph (a) of the ordinance code of the city, to permit a gasoline service station
to be located at 6237, 6241 and 6245 Lyndale Avenue South is therefore denied.
Passed by the City Council of the City of Richfield this 28th day of June, 1971.
W-
Stanley W. Olson M~ror
ATTEST:
Thomas J. Moran Clerk