HomeMy WebLinkAbout89-18 - ADMIN Resolution - City Council - 1989/02/061
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RESOLUTION NO. 89-18
A RESOLUTION RESCINDING RESOLUTION NO. 85-210 ADOPTED ON
DECEMBER 2, 1985 RESCINGING RESOLUTION NO. 85-100 ADOPTED
ON JULY 15, 1985 RESCINDING RESOLUTION NO. 7132 ADOPTED ON
MAY 3, 1982 AMENDING RESOLUTION NO. 7004 ADOPTED NOVEMBER
2, 1981, AMENDING RESOLUTION NO. 6860 ADOPTED JUNE 1, 1981
AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION
14-124(2)(a) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING
TO ZONING TO ALLOW OPERATION OF A CLASS IV RESTAURANT
AT 5601-5625 WAYZATA BOULEVARD
FINDINGS
WHEREAS, K K Corporation (Kim Nquon Seng) has made application to the City
Council for a special permit under Section 14-124(2)(a) of the St. Louis Park Ordinance
Code to allow opertion of a Class IV restaurant at 5621 Wayzata Boulevard within a DDD,
Diversified Development District District having the following legal description:
Tract A, Registered Land survey Number 1512 (Torrens Certificiate No. 616262)
WHEREAS, the City Council has considered the advice and recommendation of the
Planning Commission (Case No. 81 -45 -SP, 82 -19 -SP, 85 -30 -SP, 85 -76 -SP and 88 -83 -SP) and
the effect of the proposed Class IV 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. 85-210 of the St. Louis Park City Council dated December 2, 1985 which
contained conditions applicable -to said property; and
WHEREAS, due to changed circumstances, amendments to those conditions are 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. 85-210 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. 85-210 (filed as Document
No. 1691418 is hereby rescinded and replaced by this resolution which continues and
amends a special permit to the subject property for the purposes of permitting Class IV
restaurant within the DDD, Diversified Development District 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/Floor Plan; Exhibit B - Grading Plan and Site Utility Plan and Lighting and
Planting Plan; and Exhibit C - Easterly, Westerly and Southerly Elevation. (Exhibits
are on file in the City Development Department at the City of St. Louis Park.)
2. That the restaurant contain no more than 2,000 square feet of gross floor area or
no more than 1,200 square feet of net floor area.
3. That 102 parking spaces be provided -66 spaces on the site as shown on Exhibit D,
Parking Plan, and 36 spaces on a shared basis on the hotel site to the southeast also
shown on said exhibit with such shared parking to be guaranteed through the execution
of proper documents which meet the approval of the City Attorney and the City.
4. All outside lighting be directed perpendicular to the ground.
5. That access to the frontage road is temporary and subject to removal at the discretion
of the City and/or Minnesota Department of Transportation.
6. That the restaurant be provided with an inside trash room and that all trash from
the restaurant be stored within the structure.
7. That there be no outside storage of trash in dumpsters or in any other containers.
8. That no active use be made of the basement area other than storage by tenants on
the main floor of the subject building or by tenants in the nine story building at
5775 Wayzata Boulevard.
9. That the building, parking, landscaping and other facilities as shown on the exhibits
be completed by October 15, 1982.
10. That the Class Iw Restaurant referred to in Condition 2 be allowed to be expanded
from the approved 1,200 net square feet to 1,670 net square feet subject to the
following conditions:
a. That the revisions to the restaurant be made in accordance with Exhibit E,
Revised Plan.
b. That 36 additional shared parking spaces be provided as designated on Exhibit
F, Parking Plan.
c. That a deed covenant running with the land, in a form acceptable to the City
Attorney, be executed between the subject property owner and the owner of the
office building to provide shared parking.
11. That the Class Iw Restaurant permitted in Condition No. 10 hereby bevreclassified to
a Class I Restaurant subject to the__conditi.on–t-hat--the existing seating -area--not--be
expanded, and no bar be constructed or allowed which is designed or used for the
sale, service and/or consumption of alcoholic beverages directly by the public or
patrons.
12. That 2,751 square feet of retail floor area at the northeast corner of the building,
as illustrated on Exhibit G, be permitted to be converted to a Class Iw restaurant;
that said restaurant shall not contain more than 2,751 square feet of gross floor area
and 1,700 square feet of net floor area; and that no bar be constructed or allowed
which is designed or used for the sale, service and/or consumption of alcoholic
beverages directly by the public or patrons.
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13. That an additional 830 square feet of retail space be permitted to be converted to
a Class IV restaurant, provided that no more than 200 square feet may be utilized
for customer seating.
14. That Condition 10b be corrected to read as follows:
b. That 26 additional shared parking spaces be provided as designated on Exhibit
F, Parking Plan for a total of 62 shared parking spaces.
and that Condition l0c be revised to read as follows:
c. That an easement agreement running with the land, in a form and with a legal
description acceptable to the City Attorney, be executed between the subject
property owner and the owner of the hotel to provide shared parking. The
subject property owner and the City acknowledge that Travelers Insurance
Company, which is the owner/assignee of two mortgages on the hotel property,
has refused to execute a consent to the easement agreement. In the event the
shared parking easement is terminated by reason of foreclosure of the hotel
property, the subject property holder, for itself and its successors and assigns,
agrees to use its best efforts to obtain a new shared parking easement, in similar
form and acceptable to the City Attorney, from either the party which owns the
hotel property after such foreclosure or from another adjacent property owner.
Nothing in this special permit shall in any way limit the city's authority to
enforce this special permit according to its terms under applicable provisions of
local ordinances or state law.
The easement required by this condition shall be recorded at the applicant's
expense and the applicant shall provide the City with an authenticated copy of
the recorded document.
Adopted by the City Council February 6, 1989
116
Mayor
ATTEST:
—4-41/444,
City Cler
(U , (4(4/44
Reviewed for administration: Approved as to form and execution:
City Manager City Attor