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HomeMy WebLinkAbout92-38 - ADMIN Resolution - City Council - 1992/04/06RESOLUTION NO. 92-38 A RESOLUTION RESCINDING RESOLUTION NO. 91-89 ADOPTED ON MAY 6, 1991 AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTIONS 14-141(1) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW CONSTRUCTION OF A SWIMMING POOL ON PROPERTY LOCATED IN THE R-4, MULTIPLE FAMILY RESIDENCE DISTRICT, AT 4330 CEDAR LAKE ROAD FINDINGS WHEREAS, The Jewish Community Center of Greater Minneapolis has made application to the City Council for a special permit under Sections 14-141(1) of the St. Louis Park Ordinance Code to allow construction of a swimming pool at 4330 Cedar Lake Road within the R-4, Multiple Family Residence District having the following legal description: See Attached Exhibit A WHEREAS, the proposed swimming pool is over 250 feet from the nearest abutting off site structure and over 180 feet form the nearest abutting property line; and WHEREAS, the swimming pool is proposed to be screened from the nearest abutting structures and property line by a 6 foot high wood fence; and WHEREAS, off-street parking requirements continue to be met after the reduction of off-street parking caused by the proposed swimming pool; and WHEREAS, adequate off-street parking is provided to accommodate the off-street parking demands of the Jewish Community Center; and WHEREAS, the City Council has considered the effect of the proposed the proposed swimming pool 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. 91-89 of the St. Louis Park City Council dated May 6, 1991 which contained conditions applicable to said property; and WHEREAS, the existing special permit required in Condition No. 5 that trees shall be planted as indicated on Exhibit F and they shall be no less than fifteen feet high nor less than 2 1/2 inches in diameter one foot off the ground at the time of planting; and WHEREAS, the existing growth of trees and vegetation where the trees referred to in Condition No. 5 of the existing special permit are located is so dense as to affect the ability of the trees referred to in Condition No. 5 to survive; and WHEREAS, due to changed circumstances, amendments to the conditions of the existing special permit are now necessary, requiring the amendment of that special permit; and WHEREAS, the City Council has determined that the amendments approved through this special permit amendment are minor having little or no impact on neighboring property; and WHEREAS, it is the intent of this resolution to continue and restate some conditions of the permit granted by Resolution No. 91-89, to delete a condition to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Case File 92 -19 -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. 91-89 filed as Document No. 2173144 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 swimming pool within the R-4, Multiple FAmily Residence District at the location described above based on the following conditions: 1. The project shall be developed and constructed in conformance with the site plan marked Exhibit F. (Supplemented by Exhibit G referred to in Condition 9 and Exhibit -H referred to in Condition 12) 2. The building shall not exceed 120,000 square feet of floor area or 40 feet in height. 3. All outdoor illumination shall be accomplished in such a manner so that no direct rays shall penetrate beyond the property line nor be visible from any residential premises or public right-of-way. 4. All outdoor illumination, other than that necessary for reasons of safety, shall be turned off by 9:00 p.m. on all nights. 5. Trees shall be planted as indicated on Exhibit F and they shall be no less than fifteen feet high nor less than 2 1/2 inches in diameter one foot off the ground at' the time of planting. 6. That the trees and shrubbery required along the north property line be planted before September 30, 1968. 7. All other landscaping, service drives and parking areas shall be completed by July 15, 1969. 8. The drainage plan incorporated on Exhibit F shall be completed by October 31, 1968. 9. The proposed structure shall be permitted and installed according to Exhibit G - Site Plan. (The additional landscaping details including walkways, picnic shelters, play areas and athletic facilities are illustrative in nature only and are not to be construed as subject to requirements of the special permit). 10. The hours of operation of the day camp site shall be limited from sunrise to sunset. 11. All improvements shall be completed prior to issuance of a Certificate of Occupancy. 12. Exhibit F - Site Plan is further modified by Exhibit H - Swimming Pool Location to permit the construction of an outdoor swimming pool. 13. Conditions 5 and 6 are hereby deleted. ATTEST: ity ler i€2 Alaraj Reviewed for administration: City Manager 92-19-SP:RES5 ii Adopted by the City Council April 6, 1992 Approved as to form and execution: EXIBIT A Tract C, Registered Land Survey No. 1228, Files of Registrar of Titles, County of Hennepin (Torrens Certificate No. 468732) i,N D That trnct of land lying and being Fant of a line drawn perpendicular to the North line of the South 1/2 of the Southeant Quarter of Section 30, Townuluip 29, Range 24 commencing from a point in said North line diutant 10110.0 feet East of the Northwest corner of said Gout!' 1/2 of the Southeant Quarter in Section 30, Township 29, Range 24 and extended thence Southerly to the North line of Cedar Lake Road contained within the following described parcel of land, to -wit: Commencing at the Northweet corner of the South 1/2 of the Southeant Qunrter of Section 30, Township 29, Rnnge 211; thence Fast to the Northeast corner thereof; thence South to the Northerly line of the Great northern Railroad right-of-way; thence Southwesterly along the same to a point 072 feet. Northeasterly measured along the Northerly line of cnid right-of-wny from the Easterly line of Cedar Lake Wail; thence at right angles Northwesterly 190 feel.; thence Southwesterly parallel with Lhe Northerly line of said right-of-way 793.08 feet; thence Northwesterly making an angle to the right of 72 degrees 112 minutes a dlntance of 1(2.11 feet; thence Westerly tanking an angle to the left. of 56 degrees and no minutes a diotance of 1711.9 feet; thence making an angle to the left 90 degrees and no minutes a distance of 200 feet to the Northerly line of Cedar Iake Road; thence L)unterly and Southerly along the Northerly and Easterly line of said rood 293.68 feet to the Northerly line of said right-of-way; thence Southwent.urly along the Northerly line of said right-of-way to the Weat line of the Southeast Quarter; thence North to he -ginning; Except that part thereof described an follows: All that part of the Southeast Quarter of the Southeast Quarter of Section 30, Township 29, Range 24, described as follows: Commencing at the internection of the Easterly line of existing Cedar lake Road which has a 66 foot right of way and the Northerly right of way line of Great Northern Railroad; thence Northeasterly along the Northerly line of said railroad right of way n distance of 872.0 feel to the actual point of beginning of the tract of land to be deneribed; thence deflecting to the left 90 degrees and 00 minutes a distance of 190 feet; thence deflecting to the right 90 degrees and 00 minuted, parallel with the Northerly line of said right of way, a distance of 1199.22 feet, more or leas; Licence deflecting to Lice left 31 degccea end 03 minutes a diutance of 4311.92 feet, mote or less, to a point in the North line of the Southeast Qunrter of the Southeant Quarter of said Section 30, distant 33.0 feet Wet from the Northeast corner thereof; thence Fast along,said North line a distance of 33.0 feet to the Northenst corner of said Southeast Quarter of the Southeast Quarter of Section 30; thence South along the East line of Election 30, Townnhip 29, Range 211, a dintance of 1160.1 feet more or leen, to the Northerly right of way line of the Great Northern Railroad; thence Southwesterly along said Northerly right of way line, a distance of 754.09 feet to the actual point of beginning. (Torrens Certificate No. 373178) Case Nog -SP i .r