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Home My WebLink About5818 - ADMIN Resolution - City Council - 1977/09/06As Revised on August 30, 1977 RESOLUTION NO. 5818 A RESOLUTION AMENDING RESOLUTION NO. 5764 GRANTING PERMIT UNDER SECTION 14-156(17) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A RESTAURANT CLASS I IN THE B-2 BUSINESS DISTRICT AT 3901 WOODDALE AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. King's Inn, Inc. has made application to the City Council for a special permit under Section 14-156 (17) of the St. Louis Park Ordinance Code for the purpose of permitting a restaurant Class I at 3901 Wooddale Avenue South for the legal description as follows, to -wit: Commencing at a point 135 84/100 feet East from West line and 643 71/100 feet South from North line of Northwest 1/4, thence South 24 5/100 feet thence deflect 80 degrees 24 minutes right to the Easterly line of Highway #100, thence Southeasterly along said Highway line 102 feet to a point hereinafter known as point A, thence Northeasterly at right angles 132 23/100 feet to a point to be known as point B, thence Northwesterly at right angles 120 5/10 feet to actual point of beginning thence South- easterly to point B, thence Southwesterly to point A, thence Southeasterly along Easterly Highway line to a point 100 55/100 feet southeasterly from a point in a line bearing North 76 degrees East 65 feet Northeasterly from a point in West line of Northwest 1/4 distant 836 91/100 feet South from Northwest corner thereof, thence Northeasterly 434 feet to a point 236 feet Northwesterly at right angles from a point in center line of Excelsior Boulevard 850 5/10 feet Southwesterly from the East line of Northwest 1/4 of Northwest 1/4, thence Northwesterly along said right angle line 214 33/100 feet, thence North to a point 643 71/100 feet South from North line of Section, thence West to beginning, Section 7, Township 28, Range 24, Plat 49707, Parcel 3620, District 46, St. Louis Park and Commencing at a point 135 84/100 feet East from West line and 643 71/100 feet South from North line of Northwest 1/4, thence South 24 05/100 feet, thence deflecting 80 degrees 24 minutes 8 85/100 feet, thence Southeasterly at right angles 50 feet, thence Southwesterly at right angles 87 99/100 feet to Easterly line of Highway #100, thence Southeasterly along said Highway line 52 feet, thence Northeasterly at right angles 120 5/10 feet, thence West 31 5/10 feet to beginning, Section 7, Township 28, Range 24, Plat 49707, Parcel 3615, District 46, St. Louis Park, Minnesota, on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. 1 1 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 77 -24 -SP) and the effect of the proposed restaurant Class I 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 use on the Comprehensive Plan. 3. The Council has determined that the restaurant Class I will not be detrimental to the health, safety or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depre- ciate surrounding property values, and the restaurant Class I is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. Conclusion The special permit to permit a restaurant Class I at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit "A", Site Plan; Exhibit "B", Expansion Area Floor Plan; and Exhibit "C", Elevation Plan; except as modified by the following: a. The site plan shall be developed in accordance with the Site Development Standards set forth in Sec- tion 14-123.101(2) of the St. Louis Park Ordinance Code. Said plan shall identify the locations and provisions for all required parking, curbing, lands- caping (including size, type, species), access and any other improvements proposed. Such plan shall be identified as Exhibit D, and it shall become an exhibit to this resolution. b. A storm sewer plan providing proper drainage of the site as required by the City Engineer shall be submitted and approved prior to issuance of the building permit. The approved storm sewer plan shall be identified as Exhibit E, and it shall become an exhibit to this reso- lution. 2. The restaurant Class I is hereby limited to retaining 5,092 square feet of public floor area designated as Kings Inn. A total of 8,800 square feet of public floor area is authorized in the expansion area shown on Exhibit "B", Expanded Area 2 Floor Plan, and said areas shall have the following parking requirements: a. Kings Inn = 68 spaces b. Expansion Area = 352 spaces Total = 420 spaces 3. No food, other than serving of beverages and the hors d'oeuvres, shall be served or consumed in the area designated as the Expansion Area Floor Plan. 4. Parking space for 420 vehicles shall be provided on the site and/or within 500 feet of the main entry of the principal building and shall be developed in accordance with the require- ments of Sections 14-123.101(2), 14-197(2), and 14-187(3) of the St. Louis Park Ordinance Code. 5. Failure to maintain a minimum of 420 parking spaces shall void the permit for the Expansion Area; failure to maintain at least 68 total spaces will void the permit for both the Expansion Area and Kings Inn as described in condition No. 2 above. If the reduction or elimination of the_leased=parking is caused by the City or the City's Housing and Redevelopment Authority, the terms and conditions of this Special Permit shall be subject to review by the City and all interested parties in order to determine whether or not the expanded operations governed by this Special Permit shall be allowed to continue and, if so, under what conditions. 6. An agreement providing for parking in accordance with condition 2 shall be approved by the Department of Inspectional Services prior to the granting of building permits. 7. The applicant agrees to cooperate with the City in facilitating redevelopment of the area as approved in the adopted Urban Renewal Plan, including provisions for coordination and joint use of parking. 8. The applicant is cognizant that urban renewal studies are continuing and that implementation of the Urban Renewal Plan is not yet complete and that when such studies and plans are completed, they could affect the requested special permit; yet the applicant is desirous of obtaining a building permit to expand and use the site as included in the special permit. Therefore, the applicant agrees not to use the City's granting of the special permit and the conditions related thereto as a basis for compensation of the applicant by the City or the City's Housing and Redevelopment Authority in connection with the City or its Housing and Redevelopment Authority's acquiring any or all property leased by the applicant, or in connection with the City or its Housing and Redevelopment Authority's approval of any development of property leased by the applicant. -3- Floor Plan, and said areas shall have the following parking requirements: a. Kings Inn = 68 spaces b. Expansion Area _: 352 spaces Total = 420 spaces 3. No food, other than serving of beverages and the hors d'oeuvrFs, shall he served or consumed in the area designated as the Expansion Area Floor Plan. 4. farkincr '.Taco for 420 vehicles shall be provided on the site n'0/nr w r t hin 500 feet of the main entry of the principal bur 1 ril r.d ind shal 1 be developed in accordance with the regiri r, ments of ;fictions 14-123.101(2), 14-197(2), and 14-1p7(3) of t St. Louis Park Ordinance Code. 5. Failure to maintain a minimum of 420 parking spaces shall void the permit for the Expansion Area; failure to maintain at least 68 total spaces will void the permit for both the Expansion Area and Kings Inri as described in condition No. 2 above. If the reduction or elimination of the leased parking is caused by the City or the City's Housing and Redevelopment Authority, the terms and conditions of this Special Permit shall be subject to review by the City and all interested parties in order to determine whether or not the expanded operations governed by this Special Permit shall be allowed to continue and, if so, under what conditions. 6. An agreement providing for parking in accordarice with condition 2 shall be approved by the Department of Inspectional Services prior to the granting of building permits. 7. The applicant agrees to cooperate with the City in facilitating redevelopment of the area as approved in the adopted Urban Renewal Plan, including provisions for coordination and joint use of parking. 8. The applicant is cognizant that urban renewal studies are continuing and that implementation of the Urban Renewal Plan is not yet complete and that when such studies and plans are completed, they could affect the requested special permit; yet the applicant is desirous of obtaining a building permit to expand and use the site as included in the special permit. Therefore, the applicant agrees not to use the City's granting of the special permit and the conditions related thereto as a basis for compensation of the applicant by the City or the City's Housing and Redevelopment Authority in connection with the City or its Housing and Redevelopment:Authority's acquiring any or all property leased by the applicant, or in connection with the City or its Housing and Redevelopment Authority's approval of any development of property leased by the'applicant. !' %,‘Y -3- 'j 1j Rr r 9. All development, parking lot paving, striping, and landscaping shall be completed prior to occupying the expansion area designated on Exhibit "B". Adopted by the City Council Stember 6, 1977. Attest: City Clerk v Reviewed for administration: Acting City Manager -4- Approved as to form and legality: City tey