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HomeMy WebLinkAbout7240 - ADMIN Resolution - City Council - 1982/10/04October 4, 1982 8a RESOLUTION NO. 724Q A RESOLUTION GRANTING PERMIT UNDER SECTION 14-124.101 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A 27 UNIT CONDOMINIUM FOR PROPERTY LOCATED IN THE PUD, PLANNED UNIT DEVELOPMENT DISTRICT, AT 4625 MINNETONKA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Bor-Son Investment Properties Corporation has made application to the City Council for a special permit under Section 14-124.101 of the St. Louis Park Ordinance Code for the purpose of constructing a 27 unit condominium located at 4625 Minnetonka Bouelvard for the legal description as follows, to -wit: Lots 2, 3, 4 and 5, Block 1, "Oakenwald Addition to St. Louis Park" 2. Bor-Son Investment Properties Corporation included in their applications related to changing the zoning of the subject property and obtaining a special permit, statements and justification with proposed guarantees for occupancy of the property by special families and which were cited by the applicant as relevant to the question of allowed density, zoning and special permit decisions. 3. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 82 -55 -SP) and the effect of the proposed 27 unit condominium 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, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 4. The Council has determined that the proposed 27 unit condominium 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 depreciate surrounding property values, and the proposed 27 unit condominium is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. Conclusion The special permit to permit a 27 unit condominium at the location designated is granted based on the findings set forth above and subject to the following conditions including a condition essentially prepared by Daniel J. Cole of Briggs and Morgan, attorney for Bor-Son Investment Properties Corporation, providing for occupancy restrictions for the property and further that a certified copy of this resolution be filed in the Office of the Hennepin Couinty Register of Deeds or Registrar of Titles as the case may be. 1. That the site be developed, used, and maintained in accordance with Exhibit 1, Site Plan/Typical Floor Plan/Plantings; Exhibit 2, Garage Plan/Utilities/Open Space Calculations; Exhibit 3, North Elevation; and Exhibit 4, East, West and South Elevation 2. That the northerly driveway providing fire access and drop-off be widened to a minimum of eighteen feet, allowing the concrete sidewalk- to be reduced from the eight foot width to approximately six feet or that the applicant totally sprinkle the interior of the building 3. That prior to construction, the landscaping to be retained on the site be protected in a manner satisfactory to the City 4. That a pedestrian easement be granted to the City along the northerly lot line approximately six to eight feet wide prior to issuance of a Certificate of Occupancy but after completion of the improvement by the owner or their successors or assigns 5. If the subject property is developed for condominium use, the relevant condominium declaration shall contain the following language: "Only persons forty years of age or older shall be allowed to be an occupant of a residential unit, except persons younger than forty years of age may be an occupant (a) as a temporary guest of not more than 21 days accumulatively during any calendar year or (b) if the person is a spouse of an allowed "occupant". For purposes of this section, the term occupant shall not be deemed to include the unit owner, unless the unit owner actually occupies the unit, and no person shall be prohibited by this section from owning a residential unit. It is only the use and occupancy of the residential units that are subject to this section. "This restriction and this paragraph may only be amended or nullified by the City of St. Louis Park recording a certified copy of a City Council resolution to remove or amend the restriction or this paragraph. It is the intention of all parties to this declaration that the City of St. Louis Park be forever entitled to enforce this paragraph of this declaration. Whomever shall successfully enforce this restriction or successfully defend the validity of this restriction shall be entitled to attorney's fees from the opposing party if such party is an owner of a unit or the condominium owners association, or from the landlord of the opposing party if the opposing party is a tenant whose occupancy violates this paragraph." 6. Only persons forty years of age or older shall be allowed to be an occupant of a residential unit, except persons younger than forty years of age may be an occupant (a) as a temporary guest of not more than 21 days accumulatively during any calendar year or (b) if the person is a spouse of an allowed "occupant". For purposes of this section, the term occupant shall not be deemed to include the unit owner, unless the unit owner actually occupies the unit, and no person shall be prohibited by this section from owning a residential unit. It is only the use and occupancy of the residential units that are subject to this section. -2 r This restriction and this paragraph may only be amended or nullified by the City of St. Louis Park recording a certified copy of a City Council resolution to remove or amend the restriction or this paragraph. It is the intention of all parties to this declaration that the City of St. Louis Park be forever entitled to enforce this paragraph of this declaration. Whomever shall successfully enforce this restriction or successfully defend the validity of this restriction shall be entitled to attorney's fees from the opposing party if such party is an owner of a unit or the condominium owners association, or from the landlord of the opposing party if the opposing party is a tenant whose occupancy violates this paragraph. 7. That all improvements including building, parking, driveways, walkways, landscaping, and other items as shown on the exhibits be completed by May 15, 1984. Adopted by the City Council October 4, 1982 ATTEST: City Clerk 6;1-144.°.-v Reviewed for administration: Mayor �r=�,s Approved as to form and legality: y Manager City ;.'torney