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HomeMy WebLinkAbout92-53 - ADMIN Resolution - City Council - 1992/05/04RESOLUTION NO. 92-53 A RESOLUTION RESCINDING RESOLUTION NO. 7042 ADOPTED ON JANUARY 4, 1982 AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-156 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW AUTOMOTIVE REPAIR AT 6407 LAKE STREET WEST FINDINGS WHEREAS, Bruce E. Johnson and Candyce L. Johnson has made application to the City Council for a special permit under Section 14-156 of the St. Louis Park Ordinance Code to allow automotive repair at 6407 Lake Street West within a B-2, General Business District having the following legal description: See Attached Exhibit A WHEREAS, the City Council has considered the advice and recommendation of the Planning Case Nos. 81 -88 -SP and 92 -25 -SP and the effect of the proposed automotive repair 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, the City Council finds that the proposed change in use to automotive repair and elimination of the northern most curb cut on Wooddale and installation of landscaping in its place will have little or no effect on neighboring properties or the general public and will have some beneficial effect, and WHEREAS, a special permit was issued regarding the subject property pursuant to Resolution No. 7042 of the St. Louis Park City Council dated January 4, 1982 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. 7042 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 81 -88 -SP and 92 -25 -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 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 7042 (Document not recorded) is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting automotive repair within the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 and Exhibit B - Elevations such documents incorporated by reference herein. (Exhibit A is modified by Exhibit C in Condition No. 3) 2. All improvements including landscaping, curbing, sign modifications, and other items as shown on exhibits on the site shall be completed by June 30, 1982 3. The Site Plan (Exhibit A) is hereby modified by Exhibit C - Site Plan to show the closure of the northerly curb cut on Wooddale Avenue. 4. The area between the sidewalk and the curb on private property in the driveway area to be closed shall be landscaped in a manner equivalent to the existing landscaping. 5. Underground storage tanks shall be removed in compliance with Minnesota Statute Chapter 116 and Minnesota Rules 7150.0610, 0620, 0630 and 0640. 6. All improvements shall be completed prior to issuance of a Certificate of Occupancy. Adopted by the City Council May 4, 1992 ATTEST: lity er Reviewed for administration: Approved as to form and execution: City Manager 92-25-SP:RES5 �l3j4 "ShAIWZ City rney r IIP EXHIBIT A -- LEGAL DESCRIPTION Tracts A. B and C, Registered Land Survey No. 450, Files of Registrar of Titles, County of Hennepin; and That part of the vacated street adjoining the West line of Block 1, "Rearrangement of St. Louis Park" described as follows: Beginning at the most Westerly corner of Tract B, Registered Land Survey No. 450, Files of the Registrar of Titles, County of Hennepin; thence Southerly along the west line of Tract C, said Registered Land Survey to the Southwest corner of said Tract C; thence West along the extension of the South line of said Tract C to the intersection with the Southwesterly extension of the Northwesterly line of said Tract B; thence Northeasterly to the point of beginning. Subject to a reservation by the State of Minnesota of minerals and mineral rights; Subject to the reservation of an easement granting Jack W. Kiffe and Gloria J. Kiffe, a perpetual and exclusive easement for the right of ingress, egress and general roadway purposes on those portions of Tracts A and C of Registered Land Survey No. 450 legally described as follows: That portion of Tracts A and C of Registered Land Survey No. 450 lying Southerly of a line which is the extension of the South line of said Tract C in an Easterly direction to the Southeasterly line of said Tract A and there ending; Subject to the reservation of an easement granting Jack W. Kiffe and Gloria J. Kiffe a perpetual and exclusive easement for the right of ingress, egress and general roadway purposes over those portions of Tracts B and C of Registered Land Survey No. 450 legally described as follows: Beginning at a point which is 84 feet Southwesterly of the most Northerly point of Lot 1, Block 1, Rearrangement of St. Louis Park. said point being the point of beginning; thence Southerly along a straight line which is parallel to the Westerly line of Tract C. Registered Land Survey No. 450 to a point on the South lot line of said Tract C, thence Westerly 20 feet to a point along the South line of said Tract C; thence Northerly along a straight line which is parallel to the Westerly line of said Tract C to a point which is 30 feet from the point of beginning and lying on the Northwesterly lot line of Tract B, thence 30 feet Northeasterly along the Northwesterly lot line of Tract B to the point of beginning and there terminating; CASE NO. 92 -25 -SP Torrens Certificate No. 682400