HomeMy WebLinkAbout88-11 - ADMIN Resolution - City Council - 1988/02/014,..6.1- xl-te-
RESOLUTION NO. 88-11
A RESOLUTION RESCINDING RESOLUTION NO. 85-150 ADOPTED ON
OCTOBER 7, 1985, AND RESTATING 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 permit a Class II restaurant and off-street parking
at 4150 Excelsior Boulevard within a B-2, Business District, and R-3, Two Family Residence
District, having the following legal description:
Commencing at a point in the Northwesterly line of Excelsior Boulevard, distant
135 feet Northeasterly from the intersection with the Northerly line of 36 1/2
Street; thence continuing Northeasterly along said Boulevard line 100 feet; thence
Northwesterly to the Northwest corner of the S.E. 1/4 of the S.E. 1/4 of Section
6, Township 28, Range 24; thence South 130.8 feet; thence Southeasterly to the
point of beginning.
WHEREAS, the City Council has considered the advice and recommendation of the
Planning Commission (Case Nos. 60 -11 -SP, 66-5=SP, -85-58 SP, and -87=9-SP) and the effect
of the proposed Class II restaurant and off-street parking 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. 85-150 of the St. Louis Park City Council dated October 7, 1985, 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, the applicant did not use the special permit granted by Resolution No.
85-150 dated October 7, 1985, and this special permit has expired; and
WHEREAS, the applicant has requested that the conditions of the special permits
granted by Resolution No. 1177 and Resolution No. 3022 be reinstated; and
WHEREAS, it is the intent of the applicant and this resolution to 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;
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14. The trash room addition shall be completed by August 30, 1988.
15. A two way access shall be created along the west side of the restaurant and parking
shall be prohibited along this side of the restaurant.
16. An easement for access and parking purposes running in favor of the applicant shall
be recorded on the following described parcel of property:
All that part of the Southeast 1/4 of the Sc,t_heast 1/4 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 1/4 of the Southeast 1/4, 357.0 feet South of the
Northwest corner thereof; thence East parallel with North line of
said Southeast 1/4 of the Southeast 1/4, 38.85 feet to the
Northerly line of Excelsior Boulevard; thence Northeasterly along
Northerly line of said Excelsior Boulevard; 135.0 feet; thence at
an angle to the left of 87 degrees 0 min, 179.9 feet to a point in
the West line of said Southeast 1/4 of the Southeast 1/4 said
point being 130.8 feet South of the Northwest corner of said
Southeast 1/4 of the Southeast 1/4; thence South along West line
of said Southeast 1/4 of the Southeast 1/4, 226.2 feet to the
point of beginning, according to the U.S. Government Survey
thereof.
17. This special permit is contingent upon the demolition of the vacant building located
on the property described in Condition No. 16 by June 15, 1988. Within sixty (60)
days after the date of City Council adoption of this resolution, the applicant shall
deliver to the City a performance bond in an amount equal to 110% of the cost of
demolition of said vacant building. The cost of demolition shall be based on the
written estimate of a bonafide contractor acceptable to the City and the applicant,
which shall be supplied to the City at the time of delivery of the bond. The City
may accept a letter of credit, cash escrow or equivalent in lieu of a bond under
such conditions as the City may deem appropriate. In the event demolition of said
vacant building has not occurred by June 15, 1988, the City mav, at its option,
complete the required demolition work at the expense of the applicant and the surety.
Reviewed for administration:
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ity Manager
Adopted by the City Council February 1, 1988
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Mayor
Approved as to form and execution: