HomeMy WebLinkAbout90-102 - ADMIN Resolution - City Council - 1990/08/06RESOLUTION NO.
90-102
A RESOLUTION RESCINDING RESOLUTION NO. 89-181 ADOPTED ON
NOVEMBER 20, 1989, AND GRANTING SPECIAL (CONDITIONAL USE)
PERMIT UNDER SECTION 14-156(18) 14-136(1) OF THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING TO ALLOW AN
AUTOMOTIVE SERVICE CENTER AND OFF-STREET PARKING AT 4150
EXCELSIOR BOULEVARD
FINDINGS
WHEREAS, Richard J. Stranik has made application to the City Council for a special
permit under Section 14-156(18) and 14-136(1) of the St. Louis Park Ordinance Code to
allow an automotive service center and off-street parking at 4150 Excelsior Boulevard
within a B-2, General Business District and R-3, Two Family Residence District having the
following legal description:
That part of Lot 1, Block 1, Perkins St. Louis Park Addition, according to the
recorded plat thereof, Hennepin County, Minnesota, lying easterly and
northeasterly of the following described line and its northerly extension:
Commencing at the most northwesterly corner of said Lot 1, thence on an
assumed bearing of North 89 degrees 56 minutes 02 seconds East, along the
north line of said Lot 1, a distance of 36.00 feet to the point of beginning of the
line to be described; thence South 00 degrees 09 minutes 42 seconds East, a
distance of 98.55 feet; thence South 48 degrees 41 minutes 13 seconds East, a
distance of 111.15 feet; thence South 03 degrees 41 minutes 13 seconds East, a
distance of 10.00 feet; thence South 48 degrees 41 minutes 13 seconds East, a
distance of 18.38 feet; thence South 03 degrees 41 minutes 13 seconds East, a
distance of 16.90 feet; thence South 48 degrees 41 minutes 13 seconds East,
distance of 43.31 feet to the southeasterly line of said Lot 1, and said line
there terminating.
WHEREAS, the City Council has considered the advice and recommendation of the
Planning Commission Case No. 90 -47 -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. 89-81 of the St. Louis Park City Council dated November 20, 1989 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. 89-181 to add the amendments now required, and to
consolidate all conditions applicable to the subject property in this resolution;
WHEREAS, the contents of Planning Commission Case File 90 -47 -SP and 88 -95 -SP are
hereby entered into and made part of the public hearing record and the record of decision
for this case.
WHEREAS, the contents of Planning Commission Case File 88 -95 -SP and 90 -48 -
SP are hereby entered into and made part of the public hearing record and the
record of decision for this case.
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 89-181 filed as
Document No. 5632597 and 2083982 is hereby rescinded and replaced by this
resolution which continues and amends a special permit to the subject property
for the purposes of permitting an automotive service center and off-street
parking within the B-2, General 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 - 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 three 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.
9. That the exhibits referred to in Condition 1 be modified by Exhibit A-1, Site Plan;
Exhibit B-1, Utility Plan; Exhibit C-1, Grading and Drainage; Exhibit D-1, Landscape
Plan; Exhibit E-1, Floor Plan; and Exhibit F-1, Elevations to the extent that they
apply to the subject property.
10. Issuance of the special permit is contingent upon evidence of filing the administrative
subdivision separating the property into two tax parcels at Hennepin County.
11. Issuance of the special permit is contingent upon evidence of the filing with the
County Recorder's Office/Registrar of Titles of cross easements for parking, access,
drainage and utilities and that these easement agreements contain a provision which
prohibits revocation without prior approval of the City Council of the City of St. Louis
Park.
12. Issuance of the special permit is contingent upon conveyance to the City of St. Louis
Park a five foot wide sidewalk easement which extends along Excelsior Boulevard the
full width of the property.
13. Issuance of the special permit is contingent upon the conveyance to the City of St.
Louis Park the following utility easement:
A. 5 -foot wide easements along the north property line and the north 199 feet of
the west property line, 4 -foot wide easement along the south 177 feet of the
west property line and 10 -foot wide easement along Excelsior Boulevard for
property located at 4200 Excelsior Boulevard.
ATTEST:
Reviewed for administration:
10/10/
City Manager
Adopted by the City Council August 6, 1990
Approved as to form and execution:
City Attorney