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Home My WebLink About85-150 - ADMIN Resolution - City Council - 1985/10/07X�Z�e /'/_ - FK -I( RESOLUTION NO. 85-150 �D A RESOLUTION RESCINDING RESOLUTION NO. 1177 ADOPTED ON FEBRUARY 15, 1960 AND RESOLUTION NO. 3022 ADOPTED ON MARCH 21, 1966 AND GRANTING PERMIT UNDER SECTION 14-156(17) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A CLASS II RESTAURANT AND OFF-STREET PARKING FOR PROPERTY LOCATED IN THE B-2, BUSINESS DISTRICT AND THE R-3, TWO FAMILY RESIDENCE DISTRICT AT 4150 EXCELSIOR BOULEVARD FINDINGS WHEREAS, Perkins Restaurants, Inc. (Wyman Darrel Nelson and Farnham Nelson, Inc.) has made application to the City Council for a special permit under Section 14-156(17) of the St. Louis Park Ordinance Code to allow a Class II restaurant and off-street parking at 4150 Excelsior Boulevard within a B-2, Business District and R-3, Two Family District District having the following legal description: All that part of the Southeast 1/4 of the Southeast 1/4 of Section 6, Township 28 North, Range 24 West of the 4th Principal Meridan described as follows: Beginning at a point in the west line of said Southeast 1/4 of Southeast 1/4, distant 357 feet South of the Northwest corner thereof; thence East parallel with the North line of said Southeast 1/4 of Southeast 1/4, 40.20 feet to the Northerly line of Excelsior Boulevard; thence Northeasterly along the Northerly line of said Excelsior Boulevard, 135.00 feet to the actual point of beginning of the land to be described; thence continuing Northeasterly along the Northerly line of said Excelsior Boulevard, 100 feet; thence Northwesterly in a straight line to the Northwest corner of the Southeast 1/4 of Southeast 1/4 of said Section 6; thence South along the West line of said Southeast 1/4 of Southeast 1/4, a distance of 130.8 feet; thence Southeasterly in a straight line to the actual point of beginning, according to the United States Government Survey thereof. And The East 49.02 feet of the South 150 feet of the North 180 feet of the Southwest 1/4 of the Southeast 1/4 of Section 6, Township 28 North, Range 24 West of the 4th Principal Meridian, according to the Government survey thereof And also All that part of the Southeast Quarter of the Southeast Quarter of Section 6, Township 28 North, Range 24 West of the 4th Principal Meridian described as follows: Beginning at a point in the west line of said Southeast Quarter of the Southeast Quarter, distant 357 `feet South of the Northwest corner thereof; thence East parallel with the North line of said Southeast Quarter of the Southeast Quarter, 40.20 feet to the Northerly line of Excelsior Boulevard; thence Northeasterly along the Northerly line of said Excelsior, Boulevard, 135.00 feet; thence Northwesterly 180.15 feet to a point in the west line of said Southeast Quarter of the Southeast Quarter said point being 130.8 feet South of the Northwest corner of said Southeast Quarter of the Southeast Quarter; thence South along the West line of said Southeast Quarter of the Southeast Quarter, a distance of 226.2 feet to the point of beginning, according to the United States Government Survey thereof. (To be replatted as Lot 1, Block 1, Perkins St. Louis Park Addition) WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 60 -11 -SP), 66 -5 -SP and 85 -58 -SP) and the effect of the proposed addition to the parking area 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; and WHEREAS, special permits were issued regarding the subject property pursuant to Resolution No. 1177 of the St. Louis Park City Council dated February 15, 1960 and Resolution No. 3022 of the St. Louis Park City Council dated March 21, 1966 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of those special permits; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permits granted by Resolution No. 1177 and Resolution No. 3022 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 1177 and Resolution No. 3022 are hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting a Class II'restaurant and off-street parking within the B-2, Business District and R-3, Two Family District at the location described above based on the following conditions: The hours of operation shall be from 6:00 a.m. to 11:00 p.m. The portion of said lot in the R-3 District which is hereby permitted to be used for off-street parking purposes shall be that part thereof lying south and east of a line drawn parallel to and distant one hundred twenty four (124) feet northwest of the rear building line of the existing building now located on said premises. Applicant shall maintain landscaping on the triangle not used for parking formed by 44 and lying northwest of the line described in paragraph one (1) hereof. 4. The applicant shall erect and maintain fences six (6) feet in height around the portion of said premises lying in the R-3 District and described in paragraph one (1) hereof permitted to be used for parking purposes. 5. All stalls for parking purposes shall be plainly and legibly marked upon the surface of the parking lot. 6. Applicants shall at all times comply with any and all requirements of Section 14- 126(14) and 14-136, the general requirements of the St. Louis Park Zoning Ordinance, as they may now or hereinafter become applicable to the parking lot herein permitted. 7. That the parking lot be built in accordance with Exhibit A. (Exhibit is on file in the City Development Department at the City of St. Louis Park.) 8. That the basket weave fence on the east property line remain. 9. That a five foot (51) high basket weave fence be installed along the entire west property line except for the north thirty feet (301) thereof. 10. That a four foot (41) high basket weave fence be installed along the north line of the parking stalls numbered 1, 26 and 27 on Exhibit A. 11. That all outdoor illumination be accomplished in such a way that no direct rays of light penetrate beyond any property line. 12. The site shall be developed, used and maintained in accordance with Exhibit B - Site Plan, as modified to show the sidewalk located on the applicant's property and further showing a remodelled trash room or addition fully enclosed including roof, using the same exterior material as on the existing restaurant and as shown on Exhibit C - Trash, Enclosure. 13. No outside storage of trash or trash containers shall be permitted. 14. Any site lighting shall be designed and located so that no light rays are directly visible off the site. 15. That landscaping and berming be provided in the rear parking lot. 16. That the flagpole be limited to 40 feet in height, and the owner, applicant, or responsible party shall remove or have the flag removed from the flying position each and every day between the hours of 11:00 p.m. and 6:00 a.m. and at all other times in which the wind velocity is in excess of 20 miles per hours. 17. That all improvements to the property shall be completed by October 30, 1986 including - the trash enclosure. 18. The City shall review closing of the curb cut and access from West 36th Street to the subject property if and at such time as a median cut is approved or permitted on Excelsior Boulevard permitting left turn access from Excelsior Boulevard to the subject property. ATTEST: Reviewed for administration: I, Y Y Adopted by the City Council October 7, 1985 1 W, May pproved as to form and legality: f City6Attorney L� 41