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Home My WebLink About87-114 - ADMIN Resolution - City Council - 1987/08/17i 1 RESOLUTION NO. 87-114 A RESOLUTION RESCINDING RESOLUTION NO. 5582 ADOPTED ON SEPTEMBER 7, 1976, AMENDING RESOLUTION NO. 5249 ADOPTED MARCH 31, 1975, AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-124.101 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW CLASS I RESTAURANT FOR PROPERTY LOCATED IN THE PUD, PLANNED UNIT DEVELOPMENT DISTRICT, AT 5420, 5430 AND 5434 EXCELSIOR BOULEVARD FINDINGS WHEREAS, Northern Franchise, Inc. (The Leaning Post) has made application to the City Council for a special permit under Section 14-124.101 of the St. Louis Park Ordinance Code to allow a Class I restaurant at 5420, 5430 and 5434 Excelsior Boulevard within a PUD, Planned Unit Development District, having the following legal description: Only that portion of 5420, 5430 and 5434 Excelsior Boulevard, and consisting of the northwesterly 83.75 feet of the Lilac Lanes Shopping Center, said shopping center being on property described as follows: That part of the northwest quarter of the northwest quarter, Section 7, Township 28, Range 24, described as commencing at the intersection of the center line of Excelsior Avenue with the east line of said northwest quarter of the northwest quarter (for the purpose of this description the east line of said northwest Quarter of the northwest quarter is a line bearing south 0 degrees 18 minutes 12 seconds east from the northeast corner of said northwest quarter of the northwest quarter, assuming the north line of said northwest quarter of the northwest quarter as -bearing east); thence south 66 degrees 12 minutes 29 seconds west along said center line a distance of 850.5 feet; thence north 23 degrees 47 minutes 31 seconds west a distance of 236 feet to the actual point of beginning; thence south 23 degrees 47 minutes 31 seconds east a distance of 54 feet; thence south 69 degrees 19 minutes 29 seconds west a distance of 60 feet; thence south 23 degrees 47 minutes 31 seconds east a distance of 130 feet; thence south 69 degrees 19 minutes 29 seconds west a distance of 197 feet; thence north 68 degrees -03 minutes 31 -seconds west a distance of 231.74 feet; thence along a non-tangential curve concave to the northeast, having a, radius of 151.03 feet, a central angle of 6 degrees 25 minutes 03 seconds, and a chord bearing of north 43 degrees 17 minutes 21 seconds west a distance of 16.92 feet; thence north 23 degrees 05 minutes 31 seconds west a distance of 81.28 feet; thence north 9 degrees 56 minutes 50 seconds west a distance of 40.52 feet to a line bearing south 83 degrees 58 minutes 42 seconds west from the actual point of beginning; thence north 83 degrees 58 minutes 42 seconds east a distance of 434.04 feet, more or less, to the actual point of beginning. WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case ;Nos. 75 -20 -SP and 76 -52 -SP) and the effect of the proposed Class I restaurant 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, a special permit was issued regarding the subject property pursuant to Resolution No. 5582 of the St. Louis Park City Council dated September 7, 1976 which contained conditions applicable to said property; and WHEREAS, the City Council has approved a special permit to redevelop the subject property and surrounding area (Resolution No. 87-54 adopted June 15, 1987), and on August 3, 1987, the applicant addressed the City Council requesting permission to discontinue food service due to what the applicant termed economic reasons; WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 5582 to add the amendments now sought, and to consolidate all conditions applicable to the subject property in this resolution; CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 5582 (Document not filed) is 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 I restaurant within a PUD, Planned Unit Development District, at the location described above based on the following conditions: 1. The restroom area shall be constructed in accordance with Exhibit A - Restroom Plan, as modified. 2. The existing restaurant floor area contains 7,344 square feet of which no more than 3,912 square feet as shown on Exhibit "B" shall be used for the serving of food and drink; and 3,432 square feet shall be used as non-public -area as -defined in -Section 14-187(2)(e) of the Zoning Ordinance. 3. The expansion area shall consist of 678 square feet of restroom area and 2,456 square feet of dead storage area which may have two access points from the existing restaurant. 4. The granting of this permit shall not constitute the 'granting of a special permit for the purpose set forth in Section 14-106(11) of the Zoning Ordinance and the use shall continue to benonconfer-ling-and-See ns-n-}03---aftd-1-4-40-6--shall continue -to app-ly:" 5. The restroom improvements as shown on Exhibit A - Restroom Plan, as modified above, shall be completed by July 1, 1975. 6. The Floor Plan is hereby modified to allow for the construction of a coatroom consisting of 90 square feet in that area previously; designated as dead storage. ** This condition relates to the fact that this special permit is for 5420, 5430 & 5434 Excelsior Boulevard. The Leaning Post portion is 5420. NOW THEREFORE BE IT RESOLVED that Resolution No. 84-54 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting modification of the approved site plan for Delicatessen and Class I Restaurant within the B-2, General Business District at the location described above based on the following conditions: 1. That the site be developed, used and maintained in accordance with Exhibit A - Site Plan, Exhibit B - Elevation Plan, and Exhibit C - Floor Plan, and Exhibit 0 - Basement Floor Plan except as modified by the following conditions: (Exhibit on file in City Development Office, City Hall) 2. That all trash and garbage be stored entirely within the building. 3. That all lighting be directed perpendicular to the parking lot or surface of the ground, and designed in such a way so that no rays on the site, including all parking lot areas, are directed toward the highway, roadways, or abutting development. 4. That all improvements including buildings, landscaping, parking, and other features and requirements as provided for in the exhibits or in the conditions be completed by July 15, 1980. 5. The proposed dining area be completed by July 15, 1981. 6. That the amendment is granted conditioned on execution and continuance of a proper lease for the additional parking spaces required. If for any reason said lease is termi- nated, the amendment allowing the downstairs seating area shall be automatically revoked. 7. That additional modifications related to canopy, sign, driveway to Shelard Tower parking ramp, and building silhouette lighting be permitted subject to the following conditions: a. That the site be developed, used, and maintained in accordance with Exhibit E, Elevation and Lighting Plan, South Elevation and East Elevation; Exhibit F, Elevation and Lighting Plan, West Elevation and Light Detail; Exhibit G, Access and Driveway to Shelard Parking Ramp; and Exhibit H, Access Alignment, which provides one way access only into the ramp. b. That all improvements including restoration of the landscaping at the point of the driveway construction be completed by May 15, 1983. -2- 1 1 7. The Floor Plan shall be changed to designate that area previously designated on Exhibit B as dead storage as active storage with the condition that none of it be used as back bar area or food service preparation area nor shall it be used by the public. 8. The Floor Plan shall be modified to allow the area previously identified as banouet room to be used for banquet room and/or gameroom. 9. The restaurant floor plan shall be developed in accordance with Exhibit C (Case No. 76 -52 -SP dated June 24, 1975), and the restaurant shall be used and maintained in accordance with Exhibit C with the following conditions: a. Floor areas designated on Exhibit C are as follows: Bar and dining Vestibules and corridors Lobby bar Gameroom - bar Coatroom Active storage Kitchen Office Employee area 3,980.5 square feet 963 square feet 140.7 square feet 585 square feet 96 square feet 879 square feet 1,863.5 square feet 120 square feet 147 square feet b. That area designated as lobby -service bar shall not be utilized for the serving of food or alcoholic or other beverages or the consumption of food or alcoholic or other beverages until the applicant has provided evidence that 6 additional off-street parking spaces have been provided in accordance with Section 14- 187(2)(1) of the Zoning Ordinance, providing for off-street parking within 500 feet of the entrance to the principal building measured along an established path of travel between the parking lot and such entrance. c. There shall be no public use including eating, drinking, serving or dancing in the office areas by or for patrons while they are patrons of the Class I restaurant. the offices are to be accessible only from the corridor. 10. At the applicant's discretion, the applicant is hereby permitted to operate without serving food, except as may be required by State law. Adopted by the City Council August 17, 1987 ATTEST: Reviewed for administration: M Mayor Approved as to form and execution: Manager J-7 Y ger City Attorney