HomeMy WebLinkAbout90-72 - ADMIN Resolution - City Council - 1990/12/31cu P Rad. VD -72) 90- LiZ qii-- S"46 8q -i8'0,
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RESOLUTION NO. 90-72
A RESOLUTION RESCINDING RESOLUTION NO. 90-47 AND
ADOPTING A RESOLUTION CORRECTING A LEGAL
DESCRIPTION TO GRANT A SPECIAL (CONDITIONAL USE)
PERMIT UNDER SECTION 14-156(17) OF THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING TO PERMIT A CLASS 1
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 a point on the
most Southerly line of Lot 1, Block 7, SHELARD PARK, distant 315.25
feet Easterly from the West line of said Southeast Quarter of the
Northeast Quarter as measured along said most southerly line of Lot
' 1; thence South 87 degrees 41 minutes 54 seconds West along said
most Southerly line of Lot 1 to said West line (assuming said West line
has a bearing of South 1 degree 11 minutes 16 seconds West) a
distance of 315.25 feet; thence South 1 degree 11 minutes 16 seconds
West along said West line a distance of 144.56 feet; thence South 77
degrees 38 minutes 16 seconds East a distance of 214.20 feet; thence
North 87 degrees 44 minutes 40 seconds East a distance of 104.50 feet
to the intersection with a line bearing South 1 degree 14 minutes 59
seconds West from the point of beginning; thence North 1 degree 14
minutes 59 seconds East, a distance of 198.98 feet to the point of
beginning.
The boundary lines of the above-described land have been marked by
Judicial Landmarks set pursuant to Torrens Case No. 17713;
according to the Government Survey thereof.
That part of the Southeast Quarter of the Northeast Quarter, Section
1, Township 117, Range 22, described as beginning at a point on the
most Southerly line of Lot 1, Block 7, SHELARD PARK, distant 315.25
feet Easterly from the West line of said Southeast Quarter of the
Northeast Quarter as measured along said most Southerly line of Lot
1; thence North 87 degrees 41 minutes 54 seconds East (assuming said
West line has a bearing of South 1 degree 11 minutes 16 seconds West)
along said most southerly line of Lot 1 and its Easterly extension a
distance of 317.55 feet to the Northerly extension of the West line of
Lot 4, Block 7, of said SHELARD PARK; thence South 2 degrees 03
minutes 09 seconds West, along said Northerly extension of the West
line of Lot 4 and the West line of said Lot 4, a distance of 119.74 feet;
thence South 64 degrees 01 minutes 24 seconds West a distance of
197.53 feet; thence South 87 degrees 44 minutes 40 seconds West a
distance of 139.87 feet to the intersection with a line bearing South 1
degree 14 minutes 59 seconds West from the point of beginning;
thence North 1 degree 14 minutes 59 seconds East, a distance of
198.98 feet to the point of beginning.
The boundary lines of the above-described land have been marked by
Judicial Landmarks set pursuant to Torrens Case No. 19207.
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.
(Torrens Certificate Numbers - 741416 and 741417)
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 i ecord 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 elirrunation 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 gi eater than 50 feet.
6. All improvements shall be completed prior to December 31, 1990.
Adopted by the City Council June 4, 1990
ATTEST:
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Reviewed for administration Approved as to form and execution:
- e. ii X #'-
City Manager
W&1 E - 5S‘..11- .JJ
klutz/ City Attorney