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HomeMy WebLinkAbout86-42 - ADMIN Resolution - City Council - 1986/04/07f RESOLUTION NO. 86-42 A RESOLUTION OF FINDINGS REGARDING THE APPLICATION OF INTERCITY INVESTMENT PROPERTIES INC. TO AMEND AN APPROVED SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-124.101 OF THE ST. LOUIS PARK ZONING ORDINANCE CODE RELATING TO ZONING TO PERMIT SITE PLAN MODIFICATIONS FOR PROPERTY LOCATED IN THE PUD, PLANNED UNIT DEVELOPMENT DISTRICT, AT 4995-5425 EXCELSIOR BOULEVARD BE IT RESOLVED BY THE CITY OF ST. LOUIS PARK: Findings 1. On February 5, 1986, Intercity Investment Properties Inc. filed an application seeking to amend an approved special permit to permit site plan modifications on property located in the PUD, Planned Unit Development District, at 4995- 5425 Excelsior Boulevard, for the legal description as follows, to wit: All that part of Section Seven (7), Township Twenty-eight (28), Range Twenty-four (24), described as follows; Beginning at a point in the center line of Excelsior Avenue, which is Eight Hundred Thirty-one (831) feet Northeasterly, measured along said center line from the point at which said center line intersects the center line of Wooddale Avenue; thence Southeasterly at right angles to said center line a distance of 350 feet; thence Northeasterly parallel to Excelsior Boulevard distance of 70 feet; thence Southeasterly at right angles to the last described line, to the Northwesterly line of Brookview Addition; thence Northeasterly along the Northwesterly line of said Brookview Addition to the Northeast corner of Block 1, said Brookview Addition; thence Northwesterly 419.57 feet more or less to the center line of Excelsior Avenue distant 225 feet from the point of beginning; thence Southwesterly to the point of beginning; excepting therefrom, however, the following two (2) tracts of land: (1) All that part of Section Seven (7), Township Twenty-eight (28), Range Twenty-four (24), described as follows: Commencing at a point in the center line of Excelsior Avenue distant 901 feet Northeasterly along said center line from its intersection with the center line of Wooddale Avenue; thence Southeasterly at right angles to said center line of Excelsior Avenue 350 feet; thence Southwesterly parallel with Excelsior Avenue 70 feet; thence Northwesterly 350 feet to a point in the center line of Excelsior Avenue distant 70 feet Southwesterly from the point of beginning; thence Northeasterly 70 feet to the point of beginning. (Said excepted tract being the property conveyed to Citizens State Bank of St. Louis Park by a Deed recorded in Book 1826 of Deeds, Page 332, Hennepin County, Minnesota). (2) That part of Section Seven (7), Township Twenty-eight (28), Range Twenty-four (24), described as follows: Beginning at a point in the center line of Excelsior Avenue which point is 1056 feet Northeasterly, measured along said center line, from the point at which said center line intersects the center line of Wooddale Avenue; thence South twenty-five degrees East, along a line drawn from the point of beginning to the Northeast corner of Block one (1), Brookview Addition, to a point at which said line intersects a line drawn parallel with and three hundred fifty feet Southeasterly from said center line of Excelsior Avenue; thence southwesterly along said line parallel with Excelsior Avenue to a point at which it intersects a line drawn at a right angle from said center line of Excelsior Avenue and seventy-five feet Southwesterly, along said center line of Excelsior Avenue, from the point of beginning; thence Northwesterly along said line drawn at a right angle from the said center line of Excelsior Avenue to the said center line; thence Northeasterly along said center line of Excelsior Avenue to the point of beginning. 2. On February 19, 1986, the Planning Commission recommended denial of the special permit amendment on a 4-3 vote. 3. On March 17, 1986, the City Council authorized preparation of a Resolution of Denial on a 7-0 vote. 4. Based on the testimony, evidence presented, and files and records, the City Council makes the following findings: 1) That the plan is inconsistent with the original site plan approved for the subject property. 2) The plan is inconsistent with the PUD zoning, including the Final General Plan. 3) The plan fails to meet the requirements of Section 14-211.1 through 14-212 of the Zoning Ordinance in that the proposed plan, if approved, would have an adverse effect upon the health, safety and welfare of occupants and surrounding lands by causing needless obstructions preventing expected and ordinary flow of pedestrians and vehicles and by creating an unsightly barrier; would have an adverse effect upon the existing and anticipated traffic conditions causing traffic and safety problems on and adjacent to the proposed driveways and fence; and would have an adverse impact on the Comprehensive Plan. 4) The subject request is inconsistent with the adopted Comprehensive Plan, and in particular, general City goals, objectives of the Commercial chapter and objectives and content of the Renewal chapter. 5) The request is not in harmony with the general purpose and intent of the zoning ordinance and the Comprehensive Plan; more specifically, Section 14-124.101(1), the PUD purpose section. CONCLUSION The application for the special permit amendment is denied based upon the findings set forth above and on the grounds that conditions required for approval do not exist. Adopted by the City Council April 7, 1986 w ge,„,0,) a ATTEST: Reviewed by administration: Approved as to form and legality: SLA.."-v^✓J� c V City Attorney