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HomeMy WebLinkAbout92-165 - ADMIN Resolution - City Council - 1992/10/20"Substituted Original" RESOLUTION NO. 92-165 A RESOLUTION RESCINDING RESOLUTION NO. 87-69 ADOPTED ON JUNE 15, 1987 AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-124 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A SECURITY FENCE AT 5320-5330 WEST 23RD STREET FINDINGS WHEREAS, the Delmark Company, Incorporated and the City of St. Louis Park (Sandoz Nutrition Corp) has made application to the City Council for a special permit under Section 14-124 of the St. Louis Park Ordinance Code to allow a security fence at 5320-5330 West 23rd Street within a DDD, Diversified Development District having the following legal description: See Attached Exhibit A - Legal Description WHEREAS, the City Council has considered the information related to Planning Case No. 87 -40 -SP and 92 -59 -SP and the effect of the proposed security fence 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. 87-69 of the St. Louis Park City Council dated June 15, 1987 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. 87-69 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 87 -40 -SP and 92 -59 -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 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 87-69 filed as Document No. 1984895 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting a security fence within the DDD, Diversified Development District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A - Site Plan and Exhibit B - Elevation Plan. (Exhibits on file in the City Development Department at the City of St. Louis Park.) 2. All improvements, including the warehouse addition and landscaping as shown on Exhibits A and B shall be completed by May 15, 1981. 3. That an expansion consisting of a warehouse, spray tower, administrative building, mixing and packaging building, and a mechanical/maintenance building are hereby allowed subject to the following conditions: a. That the site be developed, used and maintained in accordance with Exhibit C - Site Plan; Exhibit D - Composite Elevations; Exhibit E - Planting Plan; and Exhibit F - Site Layout. (See Condition 7 for modification to Exhibit C). b. Acceptance of the scored burnished block on the south wall on Building No. 10 is for an interim period only, and said wall shall be improved with a brick facade unless expansion to the south commences on or before May 1, 1986. c. That there be no rooftop equipment on the drying tower and that other rooftop equipment be screened as shown on the plans d. That all improvements including landscaping, parking, buildings and other features as shown on Exhibits C, D, E and F be completed by May 15, 1983. 4. The new office, processing and warehouse addition be constructed in accordance with Exhibits G - Area Plan; Exhibit H - Utility Plan; Exhibit I - Landscape Plan; and Exhibits J, K and L - Elevation Plans, subject to the following conditions: a. Use and the improvements of the temporary lot located on the south side of West 23rd Street is temporary extending until October 15, 1988. b. The applicant and the applicant's successors and assigns agree to cooperate with the City in the implementation of an improved drainage plan for the site and area. c. All improvements including building, landscaping, curbing and other elements shown on the exhibits shall be completed by October 15, 1985. 5. The site be developed, used and maintained in accordance with Exhibit M - Site Plan with respect to providing a new driveway which shall be completed by May 15, 1986. 6. That the liquid storage facility containing approximately 14,000 square feet be permitted in accordance with Exhibit N - Site Plan; Exhibit 0 - Elevation Plan; and Exhibit P - Floor Plan, subject to the following a. That the exterior on the south elevation be brick and that the brick on the east elevation be allowed to be delayed until May 15, 1991. 7. The special permit shall be amended pursuant to Planning Case No. 92 -59 -SP to permit a security fence subject to the following conditions: a. Exhibit C - Site Plan is hereby modified by Exhibit Q - Fence Location. b. The fence shall be constructed of green vinyl clad chain link and shall not Exibit A Legal Description Lots 1 ind 2, Block 1, DELMARK'S 1ST ADDITION, the registered portion of whim is described as follows lot 1, lot ?, except that part thereof lying Northerly and Westerly of the ',00thr•r 1y right-of-way line of the Great Northern Railway (.omDini, Block 1. OLLMiPK' . 1`,T ADD:T!UN, according to the plat thereof on file or of reLord in the office of the Registrar of Titles in and for sail County Tne Northerly 35 feet of the Lasterly 310 feet of that part of TrdCt A, Registered Land Survey No. 493, Files of Regisrrar of Titles. County of Hennepin, lying Westerly of the «este,ly line of Lot 1, Block 1, DFLMAPK'S 1ST ADDITION, and i,.s Northerly pxtension, said 31J feet being measurr�d along the Northerly line of said part of Tract A. That part of the Northwest Quarter of the Northwest Quarter of Section 31, Township 29, Range 24, Hennepin County, Minnesota described as follows: Beginning at the most westerly corner of DELMARK'S 1ST ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota; thence southeasterly along the southwesterly line of said DELMARK'S 1ST ADDITION, a distance of 80.00 feet to the north line of Tract A, Registereed Lind Survey No. 4r13, files of the Registrar of Titles, Hennepin County, Minnesotd, thence southwesterly along said northerly line of Tract A a distance of 254.10 feet; thence northwesterly at a right ingle to said northerly line a distance of 80.00 feet; thence northeasterly a distance of 254.10 feet to the point of beginning. That part of (,overnmvnt Lot 1 and of the North 1/2 of Government Lot 4, Section 9, Township 117, Range 21, described as follows: to wit: Beginning at the Southeast corner of the North 1/2 of said Government Lot 4; thence West along the south line of said North 1/2 of Government Lot 4, a distance of 900 feet; thence North and parallel with the East line of Section 9 to a point distant 150 feet Southeasterly measured at right angles from the center line between two main tracks of the railway of the Great Northern Railway Company as now located across said Government Lot 1 and the'North 1/2 of Government Lot 4; thence Northeasterly parallel with said centerline and 150 feet distant therefrom to the East line of Government Lot 1, thence South along the East line of said Government Lot 1 and the East line of Government Lot 4 to the point of beginning. That part of the Northwest Quarter of the Northwest Quarter (NM 1/4 of NW 1/4) of Section 31, Township 29, Range 24 and that part of Government Lot 1 of Section 9, Township 117, Range 21, described as follows Commencing at the most Westerly corner of DELMARK'S 1ST ADDITION, according to the- recorded plat thereof on file or of record in the office of the Registrar of Titles; thence Southeasterly along the Southwesterly line of said DELMARK'S 1ST ADDITION, a distance of ''O.U0 feet to the Northwesterly line of Tract A, Registered Land Survey No. 493, Files of the Registrar of Titles, County of Hennepin; thence Southwesterly along said Northwesterly line of Tract A, a distance of :S4 10 feet to the point of beginning of the land to be described; Page 1 of 2 thence Southwesterly along said Northwesterly line of Tract A and its Southwesterly extension, a distance of 464.86 feet to a line drawn Southeasterly perpendicular to the centerline between two main tracts of the railway of the Great Northern Railway Company as now located across said Government Lot 1, from a point on said centerline, distant 3131.00 feet southwesterly of the intersection of said centerline with the North-South Quarter Line of Section 30, T rnship 29, Range 24, Hennepin County, Minnesota; thence NorthJresterly along said perpendicular line, a distance of 80.00 feet; thence Northeasterly parallel with said centerline, a distance of 464.86 feet to a line drawn Northwesterly, perpendicular to said centerline, from the point of beginning; thence Southeasterly along said perpendicular line, a distance of 80.00 feet to the point of beginning. Lots 1 and 2, Block 1, RIDGE ADDITION, according'to the recorded plat' thereof. Tracts A and B except that part of the Easterly 50 feet of Tract A which lies Southerly of the Southerly line of Tract C and its Westerly extension and except that part of Tracts A and B lying Easterly and Southerly of a line parallel with and 22.5 feet Easterly and Southerly of a line described as'beginning at a point in the South line of said Tract B distant 443.3 feet Easterly, as measured along said South line from the Southwest corner of said Tract B; thence North 02 degrees 24 minutes East 298.84 feet to an intersection with a line parallel with and 242.5 feet Southerly of ,the Southerly right of way line of the Great Northern Railroad right of way; thence North 73 degrees 08 minutes East along last said parallel line to the Easterly line bf Tract C in Registered Land Survey No. 493 and there terminating and except that part of Tract A lying northwesterly of the Southwesterly extension of a line which lies 30 feet northwesterly of and parallel with the southeasterly line of Tract C and lying northeasterly of a line which lies 94.0 feet southwesterly of and parallel with the southwesterly line of Tract C. For purposes of this description the West line of said Tract A is assumed to bear due North and South, and except the Northerly 35 feet of the Easterly 310 feet of that part of said Tract A lying Westerly of the Westerly line of Lot 1, Block 1, DEIMARK'S 1ST ADDITION, according to the plat thereof on file or of record in the office of the County Recorder of Hennepin County, Minnesota, and its Northerly extension, said 310 feet being measured along the Northerly line of said part of Tract A. The Southeasterly 30.0 feet of Tract C, measured at a right angle:to and parallel with the southeasterly line thereof, Registered`Land survey No. 493, Files of Registrar of Titles, County of Hennepin. The Southwesterly 5 feet of the following described tract: That part of the Northwest Quarter of the Northwest Quarter, Section 31, Township 29, Range 24, described as beginning at the point of intersection of the Southerly right-of-way line of Great Northern Railway Corpany with the Westerly right-of-way line of State Trunk Highway No. 100; thence Southerly along the Westerly right-of-way line of said Highway 377.6 feet, thence Westerly parallel to the Southerly right-of-way line of said Railway Company 140 feet, thence Northerly at right angles 330 feet to the Southerly right-of-way line of said Railway Company; thence Easterly along said right-of-way line to the point of beginning. (Abstract and Torrens) Pace 2 of 2 IP ATTEST: exceed 6 feet in height. SQ4u.r...) Reviewed for administration: 92-59-SP:RES6 Adopted by the City Council October 20, 1992 6,,/ Approved as to form and execution: tak PtzuLl--614-virt. Ci ttorney 4r; P U5 OFFICES DENVER COLORADO TEL 303-893-1200 MIAMI, FLORIDA TEL 305-530-0050 WASHINGTON, O C TEL 202-962-0700 1,6K6/7?)a SCHNOB • Ms. Beverly Flanagan City Clerk City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 SUITE 3300 222 SOUTH NINTH STREET NNEAPOLIS, MINNESOTA 55402 TEL 612-333-4800 FAX 612-334-8888 CARRIE L BAZELLA DIRECT DIAL (612) 334-2696 December 4, 1992 Re: Resolution No. 9 Our File No. 3857-255 Dear Beverly: Please find enclosed a copy which was rejected because part of missing (see written revisions). Si INTERNA LEIPZIG TEL 011 STUTTG TEL 01 "hotsoi .Rtc 5a841';- 1.t71 12-rmite- of resolution•no. 92-165 the legal description is Please have the legal description corrected and return two originally certified copies to me for recording. Should you have any comments or questions, please do not hesitate to call. 4a1")'^' enclosure CLB:cjh Very truly yours, Carrie L. Bazella Legal Assistant III RESOLUTION NO. 7 165 vitt A RESOLUTION RESCINDING RESOLUTION NO. 87-69 ADOPTED QN JUNE 15, 1987 AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-124 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A SECURITY FENCE AT 5320-5330- WEST 23RD STREET FINDINGS WHEREAS, the Delmark Company, Incorporated ant \ (Sandoz Nutrition Corp) has made application to the City Coun\, Section 14-124 of the St. Louis Park Ordinance Code to allow a\ West 23rd Street within a DDD, Diversified Development Distric\ description: See Attached Exhibit A - Legal Descriptio WHEREAS, the City Council has considered the information related to Planning Case No. 87 -40 -SP and 92 -59 -SP and the effect of the proposed security fence 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. 87-69 of the St. Louis Park City Council dated June 15, 1987 which contained conditions applicable to said property; and p 0 '`' '-' (<1'g-(151 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„. 87-69 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 87 -40 -SP and 92 -59 -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. 87-69 filed as Document No. 1984895 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 security fence within the DDD, Diversified Development District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A - Site Plan and Exhibit B - Elevation Plan. (Exhibits on file in the City Development Department at the City of St. Louis Park.) 2. All improvements, including the warehouse addition and landscaping as shown on Exhibits A and B shall be completed by May 15, 1981. 3. That an expansion consisting of a warehouse, spray tower, administrative building, mixing and packaging building, and a mechanical/maintenance building are hereby allowed subject to the following conditions: a. That the site be developed, used and maintained in accordance with Exhibit C - Site Plan; Exhibit D - Composite Elevations; Exhibit E - Planting Plan; and Exhibit F - Site Layout. (See Condition 7 for modification to Exhibit C). b Acceptance of the scored burnished block on the south wall on Building No. 10 is for -an interim period only, and said wall shall be improved with a brick facade unless expansion to the south commences on or before May 1; 1986: c. That there be no rooftop equipment on the drying tower and that other rooftop equipment be screened as shown on the plans. d. That all improvements including landscaping, parking, buildings and other features as shown on Exhibits C, D, E and F be completed by May 15, 1983. 4. The new office, 'processing and warehouse addition be constructed in accordance with Exhibits G - Area Plan; Exhibit H - Utility Plan; Exhibit I - Landscape Plan; and Exhibits J, K and L - Elevation Plans, subjectto the following conditions: Use and the improvements of the temporary lot located on the south side of West 23rd Street is temporary extending until October 15, 1988. b. The applicant and the applicant's successors and assigns agree to cooperate with the City in the implementation of an improved drainage plan for the site and area. c: All improvements including building, landscaping, curbing and other elements shown on the exhibits shallbe completed by October 15, 1985. ' - ' 5. The site be. developed, used and maintained in accordance with Exhibit M - Site Plan with respect to providing a new driveway which shall be completed by May 15, 1986. 6. That the liquid storage facility containing approximately 14,000 square feet be permitted in accordance with Exhibit N - Site Plan; Exhibit 0 - Elevation Plan; and Exhibit P - Floor Plan, subject to the following: a. That the exterior on the south elevation be brick and that the brick on the east elevation be allowed to be delayed until May 15, 1991. 7. The special permit shall be amended pursuant to Planning Case No. 92 -59 -SP to permit a security fence subject to the following conditions: a. Exhibit C - Site Plan is hereby modified by Exhibit Q - Fence Location. b. The fence shall be constructed of green vinyl clad chain link and shall not exceed 6 feet in height. Adopted by the City Council October 20, 1992 /s/ Lyle W. Hanks Mayor ATTEST: /s/ Beverly A. Flanagan City Clerk Reviewed for administration: Approved as to form and execution: /4/ W. C. Dixon s/ Suesan Pace -Shapiro City Manager City Attorney 92-59-SP:RES6 • • Post -It' brand, fax transmittal memo 7671 # of pages ToE 1-l;f�' l=! a2 From IA `,J 1-0F% 5 Co SPrAI,DOZ CO C�-'J y sL fp Dept Phone # F��oC v� (a!� ,� Fax # / 9 o7GJ 4 • LEGAL DESCRIPTION 11:8 Lots 1 and 2, Block 1, DELMARK'S 1ST ADDITION, /according to the plat thereof on file or of record in the office of the R.gistrar of Titles, `Hennepin County, Minnesota, and Tra^ts A and B, REGISTERED LAND SURVEY NO. 4 3, Files of the Registrar of Titles, Hennepin County, Minnesota, Exc t that part of the easterly 50.00 feet of Tract A which lies Southerly o the Southerly line of Tract C and its Westerly extension, and Excep that part of Tracts A and 13 lying Easterly and Southerly of a line described as beginning at a point in the South line of said Tract B, distant 443.30 feet Easterly, as measured along said South line from the Southwest corner of said Tract B; thence North 2 degrees 24 minutes East 298.84 feet to the Intersection.with a line parallel with and 242.50 feet Southerly of the Southerly right-of-way line of the Great Northern Railroad right- of-way; thence North 73 degrees 08 minutes East along the last said parallel line to the Easterly line of Tract C in REGISTERED LAND SURVEY NO. 493 and there terminating and Except that part of said Tract A lying within the recorded plat of DELMARK'S 1ST ADDITION. (For purposes of this description the West line of said Tract A is assumed to bear due North and South), and The Southeasterly 30.00 feet of Tract C, REGISTERED LAND SURVEY NO. 493, Files of the Registrar of Titles, Hennepin County; Minnesota, (as measured at right angles to and parellel with ,the •southeasterly line of said Tract Ck and, That part of the Northwest Quarter of the Northwest Quarter of Section 31, Township. 29, Range 24, Hennepin County, Minnesota, described as follows - Mr. Egermeier: As we discussed this is the legal description in question. I Jan Loftus - 924-2572 924-2663 (FAX) 1.) CASE NO. 92 -59 -SP 1 of 2 ry, Commencing at the point of intersection of the Southerly right- of-way line of the Great Northern Railway Company with the Westerly right-of-way line of State Trunk Highway No. 100; • thence Southerly along 'the Westerly right-of-way line of said Highway 377.6 feet; thence Westerly parallel with the Southerly • right-of-way line of said railway company, 135.00 feet to the point of beginning; thence continuing westerly along said parallel line 5.00 feet; thence northerly at right angles, 330.00 feet to the southerly right-of-way line of said railway company; thence Easterly along said Southerly right-of-way line, 5.00 feet; thence Southerly 330.00 feet to the point of beginning, and That part of the Northwest Quarter of the Northwest Quarter (NW of NW fir) of Section 31, Township 29, Range 24 and that part of- the Northeast Quarter of the Northeast Quarter (NE 21 of NE I) of Section 9, Township 117, Range '21, Hennepin County, Minnesota, described as follows: Beginning at the most Westerly corner of DELMARK'S 1ST ADDITION, according to the recorded plat thereof on file or of record in the office of the Registrar of Titles, Hennepin County, Minnesota; thence Southeasterly along the Southwesterly line of said DELMARK'S' 1ST ADDITION, a distance of 80.00 feet- to the Northwesterly line of Tract A, REGISTERED LAND -SURVEY NO. -493, Files 'of the Registrar' of Titles, Hennepin County, Minnesota; thence Southwesterly along said .. Northwesterly line of _Tract A and its Southwesterly extension, a distance of 700.00 feet; thence Northwesterly at a right angle, a distance of 80.00 ;feet;. thence Northeasterly, a distance of,, 700.00 feet to the point of beginning, and That part of Government Lot P and that' part -of the North Half' of Government Lot 4, Section 9, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Beginning at the southeast corner of the North Half of said Government Lot 4; thence West along the South line of said North Half of Government Lot 4, a distance of 900.00 feet; thence North and parallel with the East line of Section 9 to a point distant 150.00 feet Southeasterly measured at right angles from the centerline between two main tracks of the railway of the Great Northern Railway Company as now located across said Government Lot 1 and the North Half of Government Lot 4; thence Northeasterly parallel with said centerline and 150.00 feet distant therefrom to the East line of said Government Lot 1; thence South along the East line of said Government Lot 1 and the East line of said Government Lot 4 to the point beginning, and Lots 1 and 2, Block 1, RIDGE ADDITION, Hennepin County, Minnesota (Abstract and Torrens) 2 of 2 • 11) Commencing at the point of intersection of the Southerly right- • of -way line of the Great Northern Railway Company with the Westerly right-of-way line of State Trunk Highway No. 100; • thence Southerly along 'the Westerly right-of-way line of said Highway 377.6 feet; thence Westerly parallel with the Southerly right-of-way line of said railway company, 135.00 feet to the point of beginning; thence continuing westerly along said parallel line 5.00 feet; thence northerly at right angles, 330.00 feet to the southerly right-of-way line of said railway company; thence Easterly along said Southerly right-of-way line, 5.00 feet; thence Southerly 330.00 feet to the point of beginning, and That part of the Northwest Quarter of the Northwest Quarter (NW i of NW i) of Section 31, Township 29, Range 24 and that part of the Northeast Quarter of the Northeast Quarter (NE >i of NE I) of Section 9, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Beginning at the most Westerly corner of DELMARK'S 1ST ADDITION, according to the recorded plat thereof on file or of record in the office of the Registrar of Titles, Hennepin County, Minnesota; thence Southeasterly along the Southwesterly line of said DELMARK'S 1ST ADDITION, a distance of 80.00 feet to the Northwesterly line of Tract A, REGISTERED LAND -SURVEY NO. 493, Files of the Registrar of Titles, Hennepin County, Minnesota; thence Southwesterly along said - Northwesterly line of Tract A and its Southwesterly extension, a distance of 700.00 feet; thence Northwesterly at a right angle, a distance of 80.00 feet;. thence Northeasterly, a distance of 700.00 feet to the point of beginning, and • That part of Government Lot 1 ' and that' part of the North Half of Government Lot 4, Section 9, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Beginning at the southeast corner of the North Half of said Government Lot 4; thence West along the South line of said North Half of Government Lot 4, a distance of 900.00 feet; thence North and parallel with the East line of Section 9 to a point distant 150.00 feet Southeasterly measured at right angles from the centerline between two main tracks of the railway of the Great Northern Railway Company as now located across said Government Lot 1 and the North Half of Government Lot 4; thence Northeasterly parallel with said centerline and 150.00 feet distant therefrom to the East line of said Government Lot 1; thence South along the East line of said Government Lot 1 and the East line of said Government Lot 4 to the point beginning, and Lots 1 and 2, Block 1, RIDGE ADDITION, Hennepin County, Minnesota (Abstract and Torrens) 2 of 2 • • CITY OF ST. LOUIS PARK STATE OF MINNESOTA ) COUNTY OF HENNEPIN )ss CITY OF ST. LOUIS PARK) "RESOLUTION" E TORRENS to Registrar of Titles n ABSTRACT to County Recorder. The undersigned duly qualified and acting Clerk of the City of St. Louis Park hereby certifies the following: 1111 (SEAL) The attached is a true and correct copy of the original Resolution No. 92-165 , approving a conditional use permit and on file in the Office of the City Clerk. V 4! Bever y A. F1 gan, City 11/13/92 (date) TRANSFER ENTERED OEPf Of PROPERTY TAX & Pu8LIC RECORDS DEC 2 1992 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416-2290 Phone 612-924-2500 Fax- 612-924-2663 Printed on recycled paper