HomeMy WebLinkAbout89-181 - ADMIN Resolution - City Council - 1989/11/20"Substituted Original"
RESOLUTION NO. 89-181
A RESOLUTION RESCINDING RESOLUTION NO. 89-159 ADOPTED ON
OCTOBER 16, 1989, AND GRANTING SPECIAL (CONDITIONAL USE)
PERMIT UNDER SECTIONS 14-156(18) AND 14-125(4) OF THE ST. LOUIS
PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW AN
AUTOMOTIVE SERVICE CENTER AND OFF-STREET PARKING FOR
PROPERTY LOCATED IN THE B-2, GENERAL BUSINESS, AND R-3, TWO
FAMILY RESIDENCE DISTRICTS AT 4150 AND 4200 EXCELSIOR
BOULEVARD
FINDINGS
WHEREAS, Perkins Restaurants Operating Company, L.P. and GP-Bajr, Inc. have
made application to the City Council for a special permit under Sections 14-156(18) and 14-
125(4) of the St. Louis Park Ordinance Code for an automotive service center and off-street
parking at 4150 and 4200 Excelsior Boulevard within a B-2, General Business, and R-3, Two
Family Residence Districts having the following legal description:
Lot 1, Block 1 Perkins St. Louis Park Addition
WHEREAS, the City Council has considered the advice and recommendation of the
Planning Commission (Case No. 88 -95 -SP) and the effect of the proposed automotive
service center 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. 89-22 of the St. Louis Park City Council dated February 21, 1989 which
contained conditions applicable to said property; and
WHEREAS, the special permit was extended pursuant to Resolution No. 89-159 of
the St. Louis Park City Council dated October 16, 1989; 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 rescind the special permit relating
to restaurant use of the subject property and replace it with a resolution containing only
those conditions applicable to the automotive service center and off-street parking;
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 89-159 is hereby
rescinded and replaced by this resolution which continues and amends a special permit to
the subject property for the purposes of allowing an automotive service center and off-
street parking within the B-2, General Business, and R-3, Two Family Residence Districts
at the location described above based on the following conditions:
1. The site shall be developed, used and maintained in accordance with Exhibit A - Site
Plan; Exhibit B - Grading Plan; Exhibit C - Utility Plan; Exhibit D - Landscape Plan,
as modified to replace the crabapple trees along Excelsior Boulevard with a suitable
salt resistant and coniferous landscaping; Exhibit E - Floor Plan as modified to
provide for three indoor trash storage rooms; and Exhibit F - Elevations. The plans
shall be modified as necessary to show a screening fence between the parking lot and
the residential properties abutting the site.
2. Activities on the site are subject to provisions of the City's noise ordinance and in the
event of the generation of nuisance noise by any facilities on the site shall be
required to comply with the applicable provisions of the noise ordinance.
3. Building material specifications shall be supplied to the Building Department prior to
approval of a building permit.
4. Vehicles upon which work has been performed on the site shall not be test driven on
36th Street. Such test driving shall occur only on Excelsior Boulevard.
5. The applicant shall submit evidence of the recording of a plat for the subject property
combining the two lots into one prior to issuance of the building permit.
6. Hours of operation shall be limited to 7:00 a.m. to 8:00 p.m.
7. Prior to issuance of a Certificate of Occupancy for any portion of the building the
property must be in conformance with Exhibits A, B, C, D, and F.
8. All improvements shall be completed by October 31, 1990.
Adopted by the City Co + cil November 20, 1989
Reviewed for administration:
46(
.
City Manager
yor
Approved -as to form and execution:
MEMORANDUM
TO: Beverly Flanagan, City Clerk
FROM: David Hagen, Community Development Director
SUBJECT: Attached Resolution for Perkins Addition
4150 Excelsior Boulevard
DATE: February 26, 1990
Attached is a "substituted original" resolution which changes the
legal description from metes and bounds for property located at
4150 Excelsior Boulevard. This change of legal description was
necessitated by the filing of the Perkins Addition subdivision at
the County in December of 1989.
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1
RESOLUTION NO.
A RESOLUTION RESCINDING RESOLUTION NO. 8
OCTOBER 16, 1989, AND GRANTING SPECIAL (
PERMIT UNDER SECTIONS 14-156(18) AND 14-125 4
PARK ORDINANCE CODE RELATING TO ZONI
AUTOMOTIVE SERVICE CENTER AND OFF-STR
PROP RTY LOCATED IN THE B-2, GENERAL BUSI
FAMI RESIDENCE DISTRICTS AT 4150 AN
BOULE D
FINDINGS
-159 I OPTED ON
ONDITIONAL USE)
) OF THE ST. LOUIS
TO ALLOW AN
T PARKING FOR
SS, AND R-3, TWO
4200 EXCELSIOR
WHEREAS, Per s Restaurants Operating Cparry, L.P. and GP-B4jr, Inc. have
made application to the C Council for a special per 't under Sections 14-156(18) and 14-
125(4) of the St. Louis Park rdinance Code for an : tomotive service center and off-street
parking at 4150 and 4200 Ex lsior Boulevard wit . a B-2, General Business, and R-3, Two
Family Residence Districts ha pg the following gal description:
All that part of the Southe t 1/4
of th
28 North, Range 24 West of t 4th P
Beginning at a point in the west
distant 357 feet South of the Nor
with the North line of said Sout
Northerly line of Excelsior B
Northerly line of said Excelsio
beginning of the land to be d
the Northerly line of said Ex
Southeast 1/4 of Section 6, Township
ncipal Meridian described as follows:
e of said Southeast 1/4 of Southeast 1/4,
west corner thereof; thence East parallel
1/4 of Southeast 1/4, 38.85 feet to the
d; thence Northeasterly along the
d, 135.00 feet to the actual point of
ce continuing Northeasterly along
d, 100 feet; thence Northwesterly
in a straight line to the No thwest corner o the Southeast 1/4 of Southeast
1/4 of said Section 6; then a South along the ' est line of said Southeast 1/4
of the Southeast 1/4, a 'stance of 130.8 fee thence Southeasterly in a
straight line to the actu 1 point of beginning acc . ding to the United States
Government survey the, eof.
eas
ulev
Boulev
cribed; the
elsior Boulev
AND
The East 49.02 fe of the South 150 feet of the Nor , 180 feet of the
Southwest 1/4 of t f e Southeast 1/4 of Section 6, Township 8 North, Range
24 West of the 441 Principal Meridian, according to the Gove nment Survey
thereof (Torrens Certificate No. 405026)
AND ALSO
All that part of the Southeast quarter of the Southeast Quarter 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 Quarter of the
Southeast Quarter, distant 357 feet South of the Northwest corner
thereof; thence East parallel with the North line of said Southeast Quarter of
the Southeast Quarter, 38.85 feet to the Northerly line of Excelsior
Boulevard; thence Northeasterly along the Northerly line of said Excelsior
Boulevard, 135.00 feet; thence at an angle to the left of 87 degrees 0 minutes,
179.9 feet to a point in the West line of said Southeast Quarter of the
Southeast Quarter said point being 130.8 feet South of the Northwest corner
of said Southeast Quarter of the Southeast Quarter; thence South along the
West line of said Southeast Quarter of the Southeast Quarter, a distance of
226.2 feet to the point of beginning, according to the United States
Government Survey thereof.
WHEREAS, the City Council has considered the advice and recommendation of the
Planning Commission (Case No. 88 -95 -SP) and the effect of the proposed automotive
service center 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
WHEREA`, a special permit was issued regarding the subject property pursuant to
Resolution No. 89-22 of the St. Louis Park City Council dated February 21, 1989 which
contained cons, tions applicable to said property; and
EAS, the special permit was extended pursuant to Resolution No. 89-159 of
they t. Lo s Park City Council dated October 16, 1989; and
EREAS, due to changed circumstances, amendments to those conditions are
, requiring the amendment of that special permit; and
now ne
WHER -, it is the intent of this resolution to rescind the special permit relating
to red taurant useof the subject property and replace it with a resolution containing only
those conditions app. cable to the automotive service center and off-street parking;
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 89-159 is hereby
rescinded and replaced by this resolution which continues and amends a special permit to
the subject property for the purposes of allowing an automotive service center and off-
street parking within the B-2, General Business, and R-3, Two Family Residence Districts
at the location described above based on the following conditions:
1. The site shall be developed, used and I aintained in accordance with Exhibit A - Site
Plan; Exhibit B - Grading Plan; Exhibit' C - Utility Plan; Exhibit D - Landscape Plan,
as modified to replace the crabapple trees along Excelsior Boulevard with a suitable
salt resistant and coniferous landscaping; Exhibit E - Floor Plan as modified to
provide for three indoor trash storage rooms; and Exhibit F - Elevations. The plans
shall be modified as necessary to show a screening fence between the parking lot and
the residential properties abutting the Site.
2. Activities on the site are subject to provisions of the City's noise ordinance and in the
event of the generation of nuisance noise by any facilities on the site shall be
required to comply with the applicable Provisions of the noise ordinance.
3. Building material specifications shall bel supplied to the Building Department prior to
approval of a building permit.
4. Vehicles upon which work has been performed on the site shall not be test driven on
36th Street. Such test driving shall occur only on Excelsior Boulevard.
5. The applicant shall submit evidence of the recording of a plat for the subject property
combining the two lots into one prior to issuance of the building permit.
6. Hours of operation shall be limited to 7:00 a.m. to 8:00 p.m.
7. Prior to issu:. ce of a Certificate of Occupancy for any portion of the building the
property must b . in conformance with Exhibits A, B, , 1, and F.
8. All improvements sh : be completed by October , 1990.
ATTEST:
ity
Reviewed for administration: Approve as to form and execution:
al
Adop d by the City C . n 1 November 20, 1989
Ma'.r
to /
M t. •x'd-t
City Manager
ity