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HomeMy WebLinkAbout92-126 - ADMIN Resolution - City Council - 1992/08/17RESOLUTION NO. 92-126 A RESOLUTION RESCINDING RESOLUTION NO. 85-105 ADOPTED ON JULY 15, 1985, AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTIONS 14-156(5)(15)(18) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A TEN FOOT EXTENSION TO THE EXISTING CAR WASH AT 5925 EXCELSIOR BOULEVARD FINDINGS WHEREAS, DYS Properties (Larry D. Youngstedt) has made application to the City Council for a special permit under Section 14-156(5)(15)(18) of the St. Louis Park Ordinance Code to allow a ten foot extension to the existing car wash at 5925 Excelsior Boulevard within a B-2, Business District having the following legal description: See attached Exhibit A - Legal Description WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission Case Nos. 85 -15 -SP and 92 -43 -SP and the effect of the proposed ten foot extension to the existing car wash 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. 85-105 of the St. Louis Park City Council dated July 15, 1985 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. 85-105 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Planning Case Files 85 -15 -SP and 92 -43 -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 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 85-105 filed as Document No. 5017092 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting a ten foot extension to the existing car cash within the B-2, Business District at the location described above based on the following conditions: 1. The site be developed, used and maintained in accordance with Exhibit A - Site Plan and Elevation Plan, Exhibit B - Landscape Plan, except as modified by City Development on June 17, 1985. (Exhibit A - Site Plan is deleted by Condition 13a). 2. That the driveway located 30 feet easterly of the intersection of the setback lines adjacent to Brookside Avenue be designed and angled to permit ingress for right turn traffic only. No driveway shall have a grade greater than 4% in any direction where it meets the sidewalk. 3. That the proposed outdoor trash area adjacent to the east property line be completely enclosed on all four sides with brick to match the principal structure except for a permanent solid gate that is non -transparent on the west side necessary for access. 92-12-6, 4. That a solid landscaping strip of screen mass be established and maintained along the south property line having a width of at least 4 feet and be planted with a combination of coniferous and deciduous materials varying in height from 4 feet to 7 feet at the time of planting. 5. That the entire setback area except for driveways be delineated by a poured in place concrete box curb extending not less than six inches above grade. 6. That the required landscape areas be planted and maintained with live landscaping, including trees, shrubs and grass as shown on said site plan. 7. That all outdoor lighting be directed perpendicular to the ground and not be more than 25 feet high. 8. That all utility installations be placed underground. 9. That there be no outdoor storage of trash, trash containers or materials except as allowed to be located in the enclosed trash area. 10. That the applicant comply with all the sections of the motor fuel station requirements as contained in the City's Zoning Ordinance. 11. That the applicant dedicate a pedestrian easement at least six feet wide parallel to the existing lot line along Excelsior Boulevard and a space approximately 10 feet by 21 feet for the bus plaza. Such dedication to occur prior to issuance of building permit. 12. That all improvements, including but no limited to, landscaping, curbing, trash enclosure, parking and striping, and other elements as contained on the approved site plan, be completed by October 15, 1985. 13. The special permit shall be amended pursuant to Planning Case No. 92 -43 -SP to permit a ten foot extension to the existing car wash subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit Al - Site Plan, such documents incorporated by reference herein. (Exhibit Al - Site Plan replaces Evxhibit A - Site Plan in Condition No. 1.) ATTEST: ty Reviewed for administration: City Manager 92-43-SP:RES6 Adopted by the City Council August 17, 1992 6, 704,4, Approved as to form and execution: City Attorney Ageshy,ett) EXHIBIT A -- LEGAL DESCRIPTION Lots 18 and 19, and that part of Lot 2 lying West of a line Forty feet (40') West of and measured at right angles to the center line of the main track of the Minneapolis, Northfield and Southern Railway, as now located and constructed, and that part of Lot 3 lying West of a line drawn parallel to and distant Westerly Thirty-three feet (33') measured at right angles to the said center line of said Minneapolis, Northfield and Southern Railway main line track, all in Block 5, Suburban Homes Company's Addition, according to the Plat thereof recorded on September 5, 1908. CASE NO. 92 -43 -SP