HomeMy WebLinkAbout90-47 - ADMIN Resolution - City Council - 1990/05/07RESOLUTION NO. 90-47
A RESOLUTION GRANTING SPECIAL (CONDITIONAL USE) PERMIT
UNDER SECTION 14-156(17) OF THE ST. LOUIS PARK ORDINANCE
CODE RELATING TO ZONING TO PERMIT A CLASS I RESTAURANT
FOR PROPERTY ZONED B-2, GENERAL BUSINESS DISTRICT LOCATED
AT 9920 WAYZATA BOULEVARD
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Polo of Minnesota (Naegele Restaurants No Limit, Inc.) has made application to the
City Council for a special permit under Section 14-156(17) of the St. Louis Park Ordinance
Code for the purpose of a Class I Restaurant within a B-2, General Business District located
at 9920 Wayzata Boulevard for the legal description as follows, to -wit:
That part of the Southeast Quarter of the Northeast Quarter, Section 1,
Township 117, Range 22, described as beginning at the intersection of the
most Southerly Line of Lot 1, Block 7, Shelard Park, and the West line of said
Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of
South 1 degree 11 minutes 16 seconds West along said West line a distance of
146.46 feet, more or less, to a point 921.16 feet North from the Southwest
corner of said Southeast Quarter of the Northeast Quarter, said point being
on the Northerly right-of-way line of U.S. Highway No. 12 as described in
Document No. 3765285, files of the Register of Deeds, County of Hennepin;
thence South 77 degrees 57 minutes 47 seconds East along said Northerly
right-of-way line a distance of 273.83 feet; thence North 87 degrees 41
minutes 54 seconds East along the Northerly right-of-way line of U.S.
Highway No. 12 as described in Document No. 1918752, files of the Register of
Deeds, County of Hennepin, a distance of 45.58 feet, thence North 1 degree 14
minutes 59 seconds East a distance of 214.42 feet, more or less, to the most
Southerly line of Lot 1, Block 7, Shelard Park; thence Westerly along said
Southerly line a distance of 315.25 feet more or less, to the point of beginning.
Excepting therefrom that portion shown as Highway right-of-way on
Minnesota Department of Transportation Plant Numbered 27-23 as of record
in the office of the County Recorder; Hennepin County Minnesota.
also
That part of the Southeast quarter of the Northeast Quarter, Section 1,
Township 117, Range 22, Hennepin County,Minnesota, described as follows:
Commencing at the southwest corner of said Southeast Quarter of the
Northeast Quarter; thence on an assumed bearing of North 1 degree 11
minutes 16 seconds East along the west line of said Southeast Quarter of the
Northeast Quarter a distance of 921.16 feet, said point being on the northerly
right-of-way line of U.S. Highway No. 12 as described in Document No.
3765285 recorded in the Office of the County Recorder; thence South 77
degrees 57 minutes 47 seconds East along said northern right-of-way line a
distance of 273.83 feet; thence North 87 degrees 41 minutes 54 seconds East
along the northerly right-of-way line of U.S. Highway No. 12, as described in
Document No. 1918752 recorded in the Office of the County Recorder, a
distance of 45.58 feet to the actual point of beginning; thence North 87
degrees 41 minutes 54 seconds East along the northerly right-of-way line of
said U.S. Highway No. 12 to the southwest corner of Lot 4, Block 7, Shelard
Park; thence northerly along the west line of said Lot 4 and its extension to
the easterly extension of the most southerly line of Lot 1, in said Block 7;
thence westerly along the last described extension and the most southerly line
of said Lot 1 to a line bearing North 1 degree 14 minutes 59 seconds East from
the actual point of beginning; thence South 1 degree 14 minutes 59 seconds
West to the actual point of beginning.
Excepting therefrom the portion shown as Highway right-of-way on
Minnesota Department of Transportation Plat Numbered 27-23 as of record in
the office of the County Recorder; Hennepin County Minnesota.
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 90 -19 -SP) and the effect of the proposed 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,
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 Class I Restaurant 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 Class I Restaurant 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 -19 -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 a Class I Restaurant at the location described is granted based
on the findings set forth above and subject to the following conditions:
1. That the site be developed and maintained in accordance with Exhibit A, Site plan
and Landscape Plan, except as modified by Condition Number 5; Exhibit B, First
Floor Plan; and Exhibit C, Elevations.
2. That approval of the site plan shall not be construed as approval of the two
nonconforming billboards on the property, nor as a modification or elimination of the
nonconforming status of said billboards.
3. That all trash be stored entirely within a building.
4. That all lighting be directed perpendicular to the parking lot or surface of the ground
and designed so that no rays are directed toward highways, roadways, or abutting
development.
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5. That Exhibit A be altered to include an additional 4 deciduous boulevard trees whose
mature height is not less than 50 feet. These trees shall be a minimum of 3 inches in
diameter at a distance of 1 foot above the ground plane when planted and are to be
placed within the front yard setback or right of way along the north frontage at a
spacing no greater than 50 feet.
6. All improvements shall be completed prior to December 31, 1990.
ATTEST:
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Adopted by the City Council May 7, 1990
Reviewed for administration:
City Manager
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Approved as to form and execution:
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City Attorney