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Home My WebLink About91-146 - ADMIN Resolution - City Council - 1991/08/05r RESOLUTION NO. 91-146 A RESOLUTION RESCINDING RESOLUTION NO. 87-137 DATED SEPTEMBER 21, 1987, WHICH AMENDED RESOLUTION NO. 2400 DATED JULY 29, 1963 AND RESCINDING RESOLUTION NO. 2400 DATED JULY 29, 1963, AND GRANTING A SPECIAL PERMIT (CONDITIONAL USE PERMIT) FOR REMEDIAL MEASURES RELATED TO ON-SITE SOIL CONTAMINATION, A TEMPORARY PARKING LOT, OPEN STORAGE AND RESTATING NON -CONFORMING RIGHTS FOR AN AUTO REDUCTION YARD UNDER SECTIONS 14-123.100(2) AND 14-171(6)(Z) OF THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE F-2, FLOOD PLAIN DISTRICT AND I-1, INDUSTRIAL DISTRICT AT 7003 WEST LAKE STREET FINDINGS WHEREAS, Methodist Hospital (H. B. Golden) has made application to the City Council for a special permit under Section 14-123.100(2) and 14-171(6)(z) of the Ordinance Code relating to zoning to permit a temporary parking lot and open storage (Planning Commission Case No. 91 -20 -SP) for property located in the I-1, Industrial District and F-2, Floodplain District at 7003 West Lake Street Industrial District having the following legal description: See Exhibit A Attached WHEREAS, a special permit was granted on July 29, 1963 to permit an automobile reduction yard on a portion of the subject property; and WHEREAS, Ordinance No. 883 was passed on July 22, 1963 and became effective on August 9, 1963 and repealed the section of the zoning ordinance allowing automobile reduction yards as a use permitted by special permit in the I-1, District, thereby rendering the automobile reduction yard approved in Resolution No. 2400, a non -conforming use; and WHEREAS, a special permit was approved on September 21, 1987 to permit asphalt paving to be place on the northerly portion of the site pursuant to the provision of a consent decree between N. L. Industries, Inc. (the former owner of the property), the United States Environmental Protection Agency and the Minnesota Pollution Control Agency to remedy conditions of soil contamination on the site; and WHEREAS, the applicants current proposal in Case No. 91 -20 -SP for temporary parking and open storage reduces the area of the non -conforming auto reduction yard; and WHEREAS, the St. Louis Park Ordinance Code Section 14-106 et-seq. as may be amended from time to time prohibits expansion of a non -conforming use after its reduction in size; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of Resolution No. 87-137 dated September 21, 1987 as it relates to construction of filling, grading and utility improvements on the site relating to soil contamination; and WHEREAS, it is further the intent of this resolution to allow the existence of remedies to site contamination specified in Resolution No. 87-137 dated September 21, 1987, and to permit temporary parking and open storage on the site, and to recognize non -conforming rights for an automobile reduction yard,on the property as shown on Exhibit C as auto repair open, storage; and WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission Case No. 91 -20 -SP and the effect of the proposed construction of a temporary parking lot and open storage area on the health, safety and welfare of the occupants, surrounding lands, existing and anticipated traffic conditions, the effect on value of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and WHEREAS, the contents of Planning Commission Case No. 91 -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. 2400 dated July 29, 1963 and Resolution No. 87-137 dated September 21, 1987 and filed as Document No. 1879159 are hereby rescinded and replaced by this resolution which continues and amends the special permit to the subject property for the purposes for permitting construction of a temporary parking lot, an open storage lot and restates the non -conforming rights of an existing auto reduction yard on the subject property within the I-1, General Industrial District and F-2, Flood Plain District at the location described above and subject to the following conditions: 1. Construction and maintenance of filling, grading and utility improvements on the site as shown on Exhibit A, response measures program is permitted provided that all improvements including grading, storm water improvements and landscaping be completed by July 15, 1988. 2. City approval of this resolution shall not waive any city right to enforce any provisions of Federal, State or local law ordinance or requirement. 3. The site shall be developed, used and maintained in accordance with Exhibit B - Temporary Parking Lot and Lighting Layout; Exhibit C - Temporary Parking Lot, Details Topo and Location Map. 4. All areas of the site lying below elevation 891.0 NGVD (elevation 180.7 city datum) shall be posted for no parking. 5. The special permit for a temporary parking lot shall expire on October 31, 1994. 6. The special permit for an open storage lot shall expire on October 31, 1994. Upon termination of the special permit, the provisions of the zoning ordinance in effect at that time shall apply. 7. The auto reduction yard function shall be confined to that area shown on Exhibit C as auto repair and open storage and generally located adjacent to Hampshire Avenue on 4 the east and Lake Street on the north, and further bounded by the temporary parking area on the west and south. Adopted by • e City Council August 5, 1991 A'rI EST: City C!er (,) Reviewed for administration: Approved as to form and execution: GI! C , /9(1c'0ri. City Manager 91-20-SP:RES4 lb aaAcP City Attorney EXHIBIT A Lot 4, except that part lying Southeasterly of a line running from a point in the Northeasterly Tine of said lot, distant 367.24 feet Southeasterly, measured along said Northeasterly line from the most Northerly corner thereof, to a point in the Southwesterly line of said lot, distant 535.8 feet Southeasterly, measured along said Southwesterly line, from the most Westerly corner thereof, "Auditor's Subdivision lumber 348, Hennepin County, Minnesota',,according,to the prat thereof on file or of record in the office of the { ; Registrar of Titles in and for said HeRneain County.. ' A2 " _ Suoject to the right of the State of Minnesota to construct 'and maintain temporary snow fences upon those portions of said lands adjacent to State Highway No. 7. Also Torrens Certificate No. 350218 Lots 1 and 2. Lot 3 except the Northerly 25 feet thereof and That part of Lot 4 lying Southeasterly of a line running from a point in the Northeasterly line of said Lot distant 367.24 feet Southeasterly, measured along said Northeasterly line from the most Norther3,}cc rner thereof to a point in the Southwesterly line of said Lot distant 535.8 feet Southeasterly, measured along said -Southwesterly line from the most Westerly corner thereof, • "Auditor's Subdivision Nuttier 348. Hennepin County; Minnesota.'—ccording,ta'che-plat thereof on file or of record in the office of the Registrar of Titles in and for said County. , _ - - - Subject to the right of the State of Minnesota to construct --and maintain temporary snow fences upon those portions of said lands adjacent to State Highway No. 7; 1 Subject to rights of The Park Central Little League -and others if any, to the use of that portion of tte above descirbed premises being used as a grandstand and baseball diamond as shown in deed Doc. No. 1344270, Files of the Registrar of Titles; Torrens Certificate No. 699252 Lot 5, "Auditor's Subdivision Number 348, Hennepin County, Minnesota", according co the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Subject to the right of the Scata of Minnesota to construct and•maintaFin'temporary snow fences upon those portions of said lands adjacent to Stare Highway No. 7; -:•"*. _ ,%' Torrens Certificate No. 705829 -+