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Home My WebLink About88-116 - ADMIN Resolution - City Council - 1988/09/0644,14.4, - SAe. jed, gq- 04 RESOLUTION NO. RR_ 7 1fl A RESOLUTION RESCINDING RESOLUTION NO. 88-11 ADOPTED ON FEBRUARY 1, 1988, AND GRANTING SPECIAL (CONDITIONAL USE) 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 additional time to complete trash room for 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 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 No. 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, a special permit was issued regarding the subject property pursuant to Resolution No. 88-11 of the St. Louis Park City Council dated February 1, 1988, Resolution 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, due to changed circumstances, amendments to those conditions ar now necessary, requiring the amendment of that special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 88-11 of the St. Louis Park City Council dated February 1, 1988, Resolution 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 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. 88-11 (filed as Document No. 539-7417 is hereby rescinded and replaced by this resolution which restates and amends the conditions of the permits granted by Resolution No. 85-150, Resolution No. 1177 and Resolution No. 3022 for the purposes of permitting a Class II restaurant and off-street parking within the B-2, Business District and R-3, Two Family Residence District, at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A-1 - Existing Plot Plan. (Exhibit is on file in the City Development office at the City of St. Louis Park.) 2. The hours of operation shall be from 6:00 a.m. to 11:00 p.m. 3. 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. 4. Applicant shall maintain landscaping on the triangle not used for parking formed by and lying northwest of the line described in paragraph one (1) hereof. 5. 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. 6. All stalls for parking purposes shall be plainly and legibly marked upon the surface of the parking lot. 7. Applicants shall at all times comply with any and all requirements of Section 14- 126(4) and 14-136(1), the general requirements of the St. Louis Park Zoning Ordinance, as they may now or hereinafter become applicable to the parking lot herein permitted. 8. That the parking lot be built in accordance with Exhibit A-1. 9. That the basket weave fence on the east property line remain. 10. That a five foot (5') high basket weave fence be installed along the entire west property line except for the north thirty feet (30') thereof. - 11. That a four foot (4') high basket weave fence be installed along the north line of the parking stalls containing the numbers 11, 12 and 13 on Exhibit A-1. 12. That all outdoor illumination be accomplished in such a way that no direct rays of .r light penetrate beyond any property line. 4 i 13. No outside storage of trash or trash containers shall be permitted. r 1 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•,r_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. Gcvernment 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 may, at its option, complete the required demolition work at the expense of the applicant and the surety. 18. Condition No. 14 is hereby amended to permit completion of the trash room by December 31, 1988, provided that the applicant shall, within 60 days after the date of City Council adept -ion -of --this--resolu , -deliver-to-tare-ety a performance-borid in the amount of $11,000.00. This bond shall cover the cost of constructing the trash room addition and, in the event the trash room addition is not constructed by January 1, 1989, the City may, at its option, complete the required trash room addition at the expense of the applicant and the surety. 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 the City utilizes the surety and constructs the addition, the applicant shall hold the City harmless for any claims which may arise from such action. ATTEST: ity Cler 4 444.7c44 Reviewed for administration: Adopted by the City Council September 6, 1988 ;4- Mayor (.1) Iktc,„-P., Approved as to form and execution: