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Home My WebLink About92-35 - ADMIN Resolution - City Council - 1992/04/06RESOLUTION NO. 92-35 A RESOLUTION RESCINDING RESOLUTION NO. 91-154 ADOPTED ON AUGUST 19, 1991 AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTIONS 14-156.7 and 14-156.15 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW CONSTRUCTION OF A RECOVERY SYSTEM BUILDING TO HOUSE POLLUTION ABATEMENT EQUIPMENT FOR SITE REMEDIATION AND TRASH ENCLOSURE FOR PROPERTY IN THE B-2, GENERAL BUSINESS DISTRICT, AT 5600 WEST LAKE STREET FINDINGS WHEREAS, Janet Manske and Gerald Hermstad (Conoco, Inc. and Sahl & Associtaes, Inc.) have made application to the City Council for a special permit under Sections 14-156.7 and 14-156.15 of the St. Louis Park Ordinance Code to allow construction of a recovery system building to house pollution abatement equipment and a trash enclosure at 5600 West Lake Street within a B-2, General Business District having the following legal description: Lot 8, "Auditor's Subdivision Number 323, Hennepin County Minnesota", according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County, except that part which lies Easterly and Northeasterly of a line described as beginning at a point in the Northwest line of said Lot 8 distant 4.53 feet Southwesterly from the most Northerly corner thereof; thence running Southeasterly at an angle of 86 degrees 19 minutes 05 seconds (as measured from Southwest to Southeast) from said Northwest line for a distance of 7.85 feet; thence deflecting to the left along a tangential curve concave to the Northeast having a radius of 612.96 feet (delta angle 11 degrees 19 minutes 46 seconds) a distance of 121.20 feet; thence Southeasterly, a distance of 22.2 feet, more or less to a point in the Southeast line of said Lot 8 distant 15 feet Southwesterly as measured along said Southeast line from the most Easterly corner thereof. (Torrens Certificate No. 750772) WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission Case Nos. 83 -66 -SP, 84 -44 -SP, 87 -88 -SP, 91 -22 -SP and 92 -11 -SP and the effect of the proposed construction of a recovery system building to house pollution abatement equipment and trash enclosure 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. 91-154 of the St. Louis Park City Council dated August 19, 1991'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. 91-154 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Planning Commission Case Files 83 -66 -SP, 84 -44 -SP, 87 -88 - SP, 91 -22 -SP and 92 -11 -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. 91-154 (Document not filed) is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting construction of a recovery system building to house pollution abatement equipment for site remediation and a trash enclosure within the B-2, General Business 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 - Building Elevation Plan; and Exhibit C - Landscape Plan, except as modified by Exhibit D, Site Plan dated August 5, 1988, such documents incorporated by reference herein. (Exhibit A modified by Exhibit E, see Condition No. 10) 2. The canopy support column shall be faced with stucco and painted to match the exterior of the service station building. 3. Light from all outdoor lighting fixtures shall be directed perpendicular to the ground. 4. No signage, including lighted, translucent or transparent fascia, shall be permitted within 20 feet of the lot line on Minnetonka Boulevard or within 15 feet of the lot line on Lake Street. 5. There shall be no outdoor storage of trash on the site. All trash storage shall be in the designated trash room. 6. All curbing to delineate the setback area shall be poured and placed concreted curb measuring 6 inches above grade. 7. All improvements, including construction of the canopy and related improvements as contained in these exhibits, shall be completed by May 30, 1989. 8. Total signage on the site, including but not limited to canopy signage, merchandising boxes and signage on gas pumps, shall not exceed 300 square feet. 9. All improvements, including construction of the canopy and related improvements as contained in these exhibits, shall be completed by August 31, 1989. 10. That the site shall be developed, used and maintained in accordance with Exhibit E - Site Plan, except that parking spaces along the south property line shall be angled, such documents incorporated by reference herein. (Replaced by Condition #17) 11. That all four sides of the abatement building be faced with stucco and painted to match the exterior of the service station building or otherwise meet the Architectural Control Ordinance of the City in terms of building materials. (Replaced by Condition #17) 12. That a plan showing utility locations be submitted by the applicant and found acceptable by the City before issuance of a building permit. (Replaced by Condition #17) 13. That the special permit be contingent upon notification to the Metropolitan Waste Control Commission (MWCC) and an agreement with the City of St. Louis Park for discharge into the sanitary sewer. (Replaced by Condition #17) 14. That the abatement equipment building be removed within 180 days of Pollution Control Agency (PCA) certification that the abatement has been satisfactorily completed and that the landscaping and lost parking space be restored within 240 days of the termination of the abatement process. (Replaced by Condition #17) 15. That a bond or other form of surety be submitted to the City in the amount equal to 150% of the current estimated cost of building demolition and landscaping replacement to guarantee that Condition #14 above is complied with. This surety r 1 will be returned to the applicant upon removal of the building and restoration of landscaping. (Replaced by Condition #17) 16. No certificate of occupancy shall be issued until conditions 10, 11, 13 and 15 are met. (Replaced by Condition #17) 17. Condition Numbers 10 through 16 are replaced with conditions 17.a. through 17.i. listed below: a. That the pollution abatement building be constructed and maintained in accordance with Exhibit F - Site Plan. b. That a plan showing utility locations be submitted by the applicant and approved by the City before issuance of a building permit. c. That the building construction meet all of the applicable building and fire codes. d. That a solid fence be placed to prevent access into the space between the abatement building and service station building. e. That the vent be painted with a color to blend into the building color. f. That the abatement equipment building be removed within 180 days of the termination of the abatement process. That a bond or other form of surety be submitted to the City in an amount equal to 150% of the current estimated cost of building demolition to guarantee that condition "f" above is complied with. This surety will be returned to -the applicant upon removal of the building. h. No Certificate of Occupancy shall be issued until conditions 17a, b, d, e, f and h are met. g. Reviewed for administration: City Manager 92-11-SP:RES5 Adopted by the City Council April 6, 1992 Approved as to form and execution: City ttorney 144)4) fact