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HomeMy WebLinkAbout92-142 - ADMIN Resolution - City Council - 1993/09/21RESOLUTION NO. 92-142 A RESOLUTION GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-123.100(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT CONSTRUCTION OF A PEDESTRIAN BRIDGE ACROSS MINNEHAHA CREEK ON THE NORTH SIDE OF WEST 37TH STREET AND THE PLACEMENT OF 75 CUBIC YARDS OF FILL IN THE FLOODPLAIN FOR PROPERTY ZONED B-2, GENERAL BUSINESS; F-1, FLOODWAY, AND F-2, FLOODPLAIN DISTRICTS LOCATED AT 3600 AQUILA AVENUE S. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City of St. Louis Park, for the benefit of the public in that portion of the land dedicated in the plat of Target First Addition described as Park 1 and Park 2 on the Certificates of Title No. 541878 and 541002 issued to Rauenhorst Corporation and Dayton - Hudson Corporation respectively, and as fee owner of the remainder of the following described land, has made application to the City Council for a special permit under Section 14-123.100(2) of the St. Louis Park Ordinance Code for the purpose of construction of a pedestrian bridge across Minnehaha Creek on the north side of West 37th Street and the placement of 75 cubic yards of fill within the B-2, General Business; F-1, Floodway, and F-2, Floodplain Districts located at 3600 Aquila Avenue S. for the legal description as follows, to - wit: Tracts J and P, Registered Land Survey No. 1058 (Torrens Certificate No. 353511) Also Tracts I, M, N, 0, Registered Land Survey No 1058 (Torrens Certificate No. 353509) Also Tract K and all that portion of Tract Q, Registered Land Survey Number 1058, Files of Registrar of Titles, County of Hennepin, lying northwesterly of the following described line: Commencing at the southwest corner of said Tract Q; thence northeasterly along the westerly line a distance of 309.97 feet; thence northeasterly along an extension of the westerly line to a point on the northeasterly line of said Tract Q a distance of 410.22 feet northwest of the southeast corner (Torrens Certificate No. 565231) Also Park 1, Target First Addition (Torrens Certificate No. 541878) Also Park 2, Target First Addition (Torrens Certificate No. 541002) Also that part of the Southwest 1/4 of the Southeast 1/4 of Section 18, Township 117, Range 21 described as follows: beginning at the Northwest corner of said Southwest 1/4 of the Southeast 1/4, thence South 87.45 feet along the West line thereof, deflecting left 71 degrees 1 minute 30 seconds a distance of 325.2 feet; thence North to the North line of said Southwest 1/4 of the Southeast 1/4; thence West to the point of beginning except road. (Abstract) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 92 -44 -SP) and the effect of the proposed construction of a pedestrian bridge across Minnehaha Creek on the north side of West 37th Street and the placement of 75 cubic yards of fill in the floodplain 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, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance 3. The Council has determined that the construction of a pedestrian bridge across Minnehaha Creek on the north side of West 37th Street and the placement of 75 cubic yards of fill in the floodplain will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed construction of a pedestrian bridge across Minnehaha Creek on the north side of West 37th Street and the placement of 75 cubic yards of fill in the floodplain is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 92 -44 -SP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The special permit to permit construction of a pedestrian bridge across Minnehaha Creek on the north side of West 37th Street and the placement of 75 cubic yards of fill in the floodplain at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A - Plan and Profile and Exhibit B - Floodplain Compensation Plan, such documents incorporated by reference herein. 2. All improvements shall be completed by September 21, 1993. Adopted by the City Council September 21, 1992 Reviewed for administration: City Manager 92-44-SP:RES6 Ai /4,,i, -- Approved as to form and execution: City Attorney