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HomeMy WebLinkAbout90-40 - ADMIN Resolution - City Council - 1990/04/02RESOLUTION NO. 90-40 A RESOLUTION RESCINDING RESOLUTION NO. 89-181 ADOPTED ON NOVEMBER 20, 1989, AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 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. has 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 to allow 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. 90 -20 -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. 89-181 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 -20 -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BE IT RESOLVED that Resolution No. 89-181 filed as Document No. 5606440 (abstract) 2060019 (torrens), is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting an automotive service center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 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. 9. Exhibit D - Landscape Plan and Exhibit F - Elevations are hereby modified to the extent illustrated on Exhibit D-1 Landscape plan dated 3-26-90 and Exhibit F-1 - Elevations dated 3-26-90. Exhibits D-1 and F-1 shall be further modified as follows. a. Awnings shall be installed over each of the three main door entries. b. The distance between the curb and the building shall be increased by four (4) feet along the Excelsior Boulevard side and stretching around on the east side to the easternmost corner of the building by moving the curb four (4) feet to the southeast and east. c. Landscaping as agreed upon between the applicant and staff shall be installed in the area between the curb and the building along the Excelsior Boulevard side and stretching around on the east side to the easternmost corner of the building. d. The addition proposed in this amendment shall be set back one foot further from Excelsior Boulevard than shown on Exhibit G. Revised Exhibits D-1 Landscape Plan and F-1 Elevations reflecting the further modifications a, b, c, and d above to be titled D-2 Landscape Plan and F-2 Elevations shall be submitted and signed prior to this special permit becoming effective. Revised Exhibit A -Site Plan and Exhibit E -Floor Plan reflecting changes to make the same consistent with Exhibits D-2 and F-2 and further modifications a, b, c, and d above to be titled Exhibits A-1 and E-1, respectively shall also be submitted and signed prior to this special permit becoming effective. Reviewed for administration: e 0i) 691 City Manager Adopted by the City Council April 2, 1990 6)/Q, Mayo Approved as to form and execution: dif)144Lu e y Sero qty Attorney