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HomeMy WebLinkAbout90-159 - ADMIN Resolution - City Council - 1990/11/05RESOLUTION NO. 90-159 A RESOLUTION GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-156(7) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT CONSTRUCTION OF A BUILDING TO HOUSE POLLUTION ABATEMENT EQUIPMENT AND TO PERMIT A MOTOR FUEL STATION FOR PROPERTY ZONED B-2, BUSINESS DISTRICT, LOCATED AT 7120 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. FinaServe, Inc. (Dahl and Associates, Inc.) has made application to the City Council for a special permit under Section 14-156(7) of the St. Louis Park Ordinance Code for the purpose of construction of a building to house pollution abatement equipment and to permit a motor fuel station within a B-2, General Business District, located at 7120 Cedar Lake Road for the legal description as follows, to -wit: Lots 169 and 170, except the Southeasterly 7 feet of said Lots, in Richmond 3rd Addition, and except that part of said Lot 169 which lies Southerly of a line drawn from a point on the west line of said Lot 169 distant 28 feet northerly of the most southerly corner thereof to a point on the southeasterly line of said Lot 169 distant 24 feet northeasterly of the most southerly corner thereof (Torrens Certificate No. 747431) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 90 -64 -SP) and the effect of the proposed construction of a building to house pollution abatement equipment 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, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the construction of a building to house pollution abatement equipment will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed construction of a building to house pollution abatement equipment is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. - 4. The contents of -Planning Case File 90 -64 -SP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The special permit to permit the construction of a building to house pollution abatement equipment at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A, Site Plan; and Exhibit B, Landscape Plan, such documents incorporated by reference herein. 2. That a wall be constructed on the south side of the tank enclosure in place of the chain link fence and that the construction materials of this wall be similar to the south building wall of the abatement equipment building. 3. That the special permit be contingent on notification to the MWCC and an agreement with the City of St. Louis Park for discharge into the sanitary sewer. 4. That the abatement equipment building be removed within 180 days of the termination of the abatement process. 5. That a bond or other form of surety be submitted to the City in an amount equal to 150% of the current cost of building demolition to be returned to the applicant upon removal of the building. 6. That variances be provided from Sections 14-150(3)(a)(vi) and 14-150(3)(a)(vii) of the Zoning Ordinance 7. That all refuse be stored indoors. 8. That a fence which meets Zoning Ordinance requirements be constructed along the east property line. 9. That the applicant coordinate their efforts with the Minnesota Pollution control Agency to evaluate the abutting property owners exposure to hazards caused by the contamination. Reviewed for administration: Ai /, r. ✓.J/ )cni City Manager 90-64-SP:RES3 Adopted by the City Council November 5, 1990 Approved as to form and execution: