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HomeMy WebLinkAbout90-66 - ADMIN Resolution - City Council - 1990/05/21RESOLUTION NO. 90-66 A RESOLUTION RESCINDING RESOLUTION NO. 90-48 ADOPTED ON May 7, 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 L 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 a Class I Restaurant at 4700 Excelsior Boulevard within a PUD, Planned Unit Development District having the following legal description: Westerly 1/2 of Lot 5, and All of Lots 6, 7 and 8, Block 4, "Minikanda Vista 2nd Addition, Hennepin County" (Torrens Certificate No. 618319) 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 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. 90-48 of the St. Louis Park City Council dated May 7, 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. 90-48 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 -16 -SP, 84 -16 -SP, and 79 -5 -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NOW THEREFORE BE IT RESOLVED that Resolution No. 90-48 (Resolution No. 87-87 filed as Document No. 1862704) is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting a Class I Restaurant within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, screening, 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: 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. r Adopted by the City Council May 21, 1990 ATTEST: 4IkQ Reviewed for administration: Approved as to form and execution: City Manager 90-16-SP.ADD:RES2 City Atrney