HomeMy WebLinkAbout90-177 - ADMIN Resolution - City Council - 1990/12/03RESOLUTION NO. 90-177
A RESOLUTION RESCINDING RESOLUTION NO. 90-66 ADOPTED ON
MAY 21, 1990, AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT
UNDER SECTION 14-124.101(2) OF THE ST. LOUIS PARK ORDINANCE
CODE RELATING TO ZONING TO ALLOW A CLASS I RESTAURANT AT
4700 EXCELSIOR BOULEVARD
FINDINGS
WHEREAS, Stephen I. Gold, (Classic Motor Company) has made application to the City
Council for a special permit under Section 14-124.101(2) of the St. Louis Park Ordinance
Code to allow modifications to a Class I Restaurant at 4700 Excelsior Boulevard within a
PUD, Planned Unit Development District having the following legal description:
Lots 2, 3, 4, 12 and the Easterly 1/2 of Lot 5;
That part of Lot 14, lying Southerly of a line drawn from a point on the South
line of said Lot 14 distant 95 feet Easterly from the Southwest corner of said
Lot 14 to a point on the Easterly line of said Lot 14 distant 20 feet
Northwesterly of the southeast corner thereof, all in Block 4, "Minikanda
Vista 2nd Addition, Hennepin County", according to the plat thereof on file or
of record in the office of the Register of Deeds in and for said County (Torrens
Certificate No. 633137)
and
Westerly 1/2 of Lot 5 and
All of Lots 6, 7 and 8,
Block 4, "Minikanda Vista 2nd Addition, Hennepin County", according to the
plat thereof on file or of record in the office of the Register of Deeds in and for
said County. (Torrens Certificate No. 618319)
and
Lots 1, 13 and 14, all in Block 4, "Minikanda Vista 2nd Addition, Hennepin
County, Minnesota", except that part of said Block 4 lying northwesterly of the
northwesterly line of the southeasterly 33 feet of said Lot 1 and the
southwesterly extension thereof. (Abstract)
WHEREAS, the City Council has considered the advice and recommendation of the
Planning Commission (Case No. 90 -16 -SP) and the effect of the proposed modifications to
a Class I 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. 90-66 of the St. Louis Park City Council dated May 21, 1990 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. 90-66 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 Files 90 -16 -SP and 90 -76 -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. 90-66 filed as Document No.
2099015 is hereby rescinded and replaced by this resolution which continues and amends a
special permit to the subject property for the purposes of permitting modifications to a
Class I Restaurant within the PUD, Planned Unit Development 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 and Elevation Plan, and as modified by the Planning Department on March 7,
1979. Such modifications include, but are not necessarily limited to, the following:
(a) elimination of the trash corral at the northeast corner of the building; (b) removal
of the obsolete rooftop sign; (c) adjustment of the free-standing sign so as no portion
of the sign extends over the sidewalk area; (d) structural test of the rooftop antenna;
(e) additional screening of the rooftop equipment; (f) removal of the overhead wires
from the chimney after consultation with NSP if removal is feasible; (g) removal of
the rooftop lights, or replacement of the rooftop lights with lights which will not
interfere with the use of abutting property; (h) removal of the exposed lights
mounted on the chimney directed to the parking lot and replacement of parking lot
lighting with decorative lighting, which does not send direct rays beyond the parking
lot area; (i) repair or removal of the lights on the outside walls of the building
consistent with design standards for the area; (j) dedication of a pedestrian easement
six feet wide paralleling the front lot line.
2. Submission of an acceptable landscape plan consistent with a redevelopment plan for
the area and design standards of the City.
3. The subject property shall be assessed or levied a service for its proportional use of
the municipal parking lot and any parking ramp constructed with which would result
in benefit to the subject property.
4. That all improvements, including building additions, exterior modifications,
creening, signage, lighting, landscaping and other elements contained on the site
plan, elevation plan and conditions described above be completed by October 15,
1979.
5. That an addition of 1,477 square feet with a net area of 960 square feet and an outside
deck containing 256 square feet be permitted subject to the following conditions:
(Condition Number 5 rescinded 12-3-90; see Condition No. 20)
a. The expansion be permitted in accordance with Exhibit B - Plat Plan,
Elevations and Landscape Plan; and Exhibit C -0 Floor Plan.
b. That a more detailed and dimensional plan for improvements to Excelsior
Boulevard consisting of walkway and landscaping be submitted prior to
commencing construction of the addition.
c. All curbing for the new parking lot be poured in place concrete curb
measuring 6 inches above and below grade.
d. All outdoor lighting, other than globe lighting, shall be perpendicular to the
ground and be no higher than 25 feet high.
e. That no barbecuing be permitted on the outside deck.
f. All parking lot improvements, landscaping, and sidewalks shall be completed
by October 15, 1987, and all building improvements shall be completed by May
15, 1988.
6. That the site be developed and maintained in accordance with Exhibit K - Site Plan;
Exhibit L - First Floor Plan; Exhibit M - Basement Floor Plan; and Exhibit N -
Elevations.
7. That all trash be stored entirely within the building.
8. That no additional building permits be issued until resolution of Building Code
violations pertaining to buildings constructed over property lines is accomplished.
(Rescinded 5/21/90 - see Condition No. 17)
9. That the easement which is currently under the building either be vacated or, in lieu
thereof, an agreement be executed which indemnifies the City of any liability which
might occur as a result of the building being located on the easement.
10. That a fire sprinkler system which protects the entire basement level be installed
prior to the issuance of any additional building permits. (Rescinded 5/21/90 - see
Condition No. 18)
11. That the building have 2 means of egress from the basement level which meet all
City and fire ordinances.
12. That no building permits be issued until an easement for stormwater drainage be
obtained from the abutting property to the west and recorded with Hennepin County.
Evidence of such recording shall be provided to the City. (Rescinded 5/21/90 - see
Condition No. 19)
13. That all lighting other than globe lighting shall be perpendicular to the ground and
be no higher than 25 feet high.
14. That a pedestrian easement three (3) feet in width be dedicated along Excelsior
Boulevard.
15. That the landscape materials included in Exhibit K, Site Plan, be modified to include
a substitution of 10 shrubs which reach a height of at least 6 feet, 5 Potentillas on the
north side of the south parking area and that the landscaped area between the
parking lot and Excelsior Boulevard be expanded to include at least 14 Pyramidal
Arborvitae.
16. That all building and site improvements, including landscaping and sidewalks be
completed by November 15, 1990.
17. Condition No. 8 is hereby amended to read as follows:
That a letter of undertaking be presented to the City, in a form acceptable to the
City, agreeing to combine the lots per the restrictive covenants provided by the
property owner, to resolve the building code violations pertaining to buildings
constructed over property lines.
18. Condition No. 10 is hereby amended to read as follows:
That a sprinkler system which protects the entire basement be installed by
November 15, 1990, according to building code standards.
19. Condition No. 12 is hereby amended to read as follows:
That an easement for storm water drainage be obtained by Classic Motor Company
from the abutting property to the west and recorded with Hennepin County.
Evidence of such recording shall be provided to the City by July 1, 1990.
20. Condition No. 5 is hereby amended to read as follows:
That an addition having 1,321 net square feet of floor area be permitted
subject to the following condition:
a. The expansion be permitted in accordance with Exhibit B - Plat Plan,
Elevations and Landscape Plan; and Exhibit C - Floor Plan dated
November 13, 1990.
ATTEST:
Reviewed for administration:
Adopted by the City Council December 3, 1990
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Approved as to form and execution:
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City Manager Mer Ci y Attorney
90-76-SP:RES3