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HomeMy WebLinkAbout92-197 - ADMIN Resolution - City Council - 1992/12/211 RESOLUTION NO.9 — 1 9 7 A RESOLUTION RESCINDING RESOLUTION NO. 88-21 ADOPTED ON FEBRUARY 16, 1988 AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-124(2)(a) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO DELETE EXPIRATION DATE PERMITTING DAY CARE AT 5219 WAYZATA BOULEVARD FINDINGS WHEREAS, MEPC American Properties Incorporated (Bright Start, Inc.) has made application to the City Council for a special permit under Section 14-124(2)(a) of the St. Louis Park Ordinance Code to delete expiration date for day care at 5219 Wayzata Boulevard within a DDD, Diversified Development District having the following legal description: Tracts B and C, Registered Land Survey No. 1599 (Torrens Certificate No. 770800) WHEREAS, the City Council has considered the information related to Planning Case Nos. 87 -89 -SP and 92 -66 -SP and the effect of the proposed deletion of expiration date for day care 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. 88-21 of the St. Louis Park City Council dated February 16, 1988 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. 88-21 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 -89 -SP and 92 -66 -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 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 88-21 filed as Document No. 1911156 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting the deletion of the expiration date permitting day care 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, Exhibit B - Play Area Plan and Exhibit C - Floor Plan. 2. A three foot wide strip adjacent to the fence and running the full length from north to south shall be planted with a combination of plant materials suitable to provide visual screening of the fence. 3. That a professional opinion on the concentration of carbon monoxide be submitted and accepted by staff prior to requesting and obtaining a construction permit to remodel the building for day care use. 4. All improvements shall be completed by May 30, 1988. 5. This special permit for day care and use of a portion of the site for day care shall expire on February 15, 1993. (This condition rescinded by Condition No. 6.) 6. The special permit shall be amended pursuant to Planning Case No. 92 -66 -SP to delete the expiration date for this special permit for the day care at 5219 Wayzata Boulevard. Adopted by the City Council December 21, 1992 Al PEST: City Clerk Reviewed for administration: Approved as to form and execution: I (./Ji)eikt_ City Manager 92-66-SP:RES6 4u. /Page S°ILEt4-3 City Attorney