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Home My WebLink About93-166 - ADMIN Resolution - City Council - 1993/10/18RESOLUTION NO. 93-166 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9(A) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT PLACEMENT OF FILL TOTALING 60,000 CUBIC YARDS FOR PROPERTY ZONED R-3, TWO FAMILY RESIDENCE DISTRICT LOCATED AT 2631 VIRGINIA AVENUE BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. John R. Smith (John T. Smith) has made application to the City Council for a Conditional Use Permit under Section 14:4-9(A) of the St. Louis Park Ordinance Code for the purpose of placement of fill totaling 50,000 cubic yards within a R-3, Two Family Residence District located at 2631 Virginia Avenue for the legal description as follows, to - wit: See Exhibit A - Legal Description 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 93 -40 -CUP) and the effect of the proposed placement of till totaling 50,000 cubic yards 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 placement of fill totaling 50,000 cubic yards 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 placement of fill totaling 50,000 cubic yards is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 93 -40 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit placement of fill totaling 50,000 cubic yards at the location described is granted based on the findings set forth above and subject to the following conditions: 1. That the fill be placed in accordance with Exhibit A, Grading Plan. 2. That the conditional use permit approval is contingent upon receiving an erosion control plan which meets the provisions of Section 14:4-10 of the Zoning Ordinance. 3. Within 10 days after reaching final grade of each phase of the fill process, the area shall be seeded to achieve soil stability. 4. Trucks hauling material to the site and departing from the site shall only utilize Virginia Avenue between Burlington Northern Railroad and West 28th Street, West 28th Street from Virginia Avenue to Texas Avenue and Texas Avenue from West 28th Street to Minnetonka Boulevard. Access to the site for vehicles hauling fill shall be from Virginia Avenue only. Trucks may utilize any legal route to reach the intersection of Texas Avenue and Minnetonka Boulevard. 93-dtc 5. That the type of fill allowed be limited to natural soil materials. The following materials will not be permitted: a. Materials, such as asphalt or concrete chunks, or other waste materials. b. Soils with a high organic content, such as peat, muck, compost, vegetation. c. Rocks larger than 12 inches in diameter. d. Soil composites with a high clay content which would be detrimental to future construction. 6. An origin statement for each source area which indicates the type and amount of fill to be placed and the time frame for placement and includes a report from a soils engineer which describes the source material in regard to the soil composition and compaction requirements shall be provided to the Department of Inspectional Services. The report shall also certify the fill is free of any contaminants. 7. The applicant shall be responsible for keeping the streets clean pursuant to the approved Erosion Control Plan. 8. The hours of operation shall not be before 7:00 a.m. nor after 10:00 p.m. 9. The applicant shall develop a safety and security program for this operation and submit a copy to the Department of Inspectional Services. All site operations shall comply with the safety and security program. 10. The applicant shall either post a bond or letter of credit or other surety approved by the City Manager or alternatively, shall pay in advance an amount determined by the City Engineer, to insure that the City is compensated for damage to the haul route, prior to commencement of filling. 11. The conditional use permit shall terminate one year from the date of Council approval with an option for renewal by the City Council by resolution provided that the fill operation is proceeding in an orderly manner and that all the terms of the permit are upheld. Reviewed for administration: 93-40-CUP:RES7 Adopted by the City Council October 18, 1993 Approved as to form and execution: City Attorney EXHIBIT A - LEGAL DESCRIPTION That part of the Burlington Northern Railroad Company property (formerly Great Northern Railway Co., Hutchinson Branch) in the Northeast Quarter of the Southeast Quarter of Section 7 and the Northwest Quarter of the Southwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 8, all to Township 117 North, Range 21 West of the 5th Principal Meridian described as follows: Commencing at the Southeast corner of the Northeast Quarter of the Southeast Quarter of said Section /; thence on an assumed bearing of North, along the East line of said Northeast Quarter of the Southeast Quarter, a distance of 190.5/ feet, to the Southerly right-of-way line of the railway as described in Book 14 of Deeds, page 84, the Point of Beginning of the land to be described; thence North 70 degrees 31 minutes 00 seconds East, along said Southerly right-of-way line, a distance of 885.86 feet; thence continuing Easterly, along said Southerly right-of-way line, a distance of 618.06 feet, along a tangential curve concave to the Northwest having a radius of 1960.08 feet and a central angle of 18 degrees 04 minutes 00 seconds; thence North 52- degrees 27 minutes 00 seconds East, along said Southerly right-of-way line, tangent to said curve a distance of 262.87 feet; thence North 65 degrees 23 minutes 40 seconds East, along said Southerly right-of-way line a distance of 130.71 feet; thence Easterly, along said Southerly right-of-way line a distance of 352.24 feet, along a tangent curve concave to the Southeast having a radius of 1860.08 teet and a central angle of 10 degrees 51 minutes 00 seconds; thence North 13 degrees 45 minutes 20 seconds West, not tangent to the last described curve, a distance of 23.11 feet, to the intersection with a line 18.00 feet Northerly of, measured at a right angle to and parallel with the Southerly right-of-way line of the railway as described in Book 122 of Deeds, page 316; thence South 76 degrees 14 minutes -40 seconds West, along said parallel line and a line drawn parallel with and 18.00 feet Northerly of the Southerly right-of-way line of the railway as described in Book 122 of Deeds, page 455, a distance of 2194.23 feet; thence Southwesterly, along spiral curve of increasing radius, a distance of 199.77 feet, the chord of said curve bears South 76 degrees 04 minutes 16 seconds West; thence Southwesterly a distance of 299.70 feet parallel with said Southerly right-of-way line along a tangential curve concave to the Southeast having a radius of 10,979.86 feet and a central angle of 1 degree 33 minutes 50 seconds, and a chord bearing of S 74° 56' 33" W ‘to the centerline of Virginia Avenue as described in Document No. 2750535; thence South 21 degrees 4/ minutes 01 seconds East, along said centerline, a distance of 488.02 feet, to the Southerly right-of-way line of the railway as described in Book 15 of Deeds, page 239; thence Northeasterly, along last described Southerly right-of-way, a distance of 237.98 teet, along a non-tangential curve concave to the Southeast having a radius of 1860.08 feet and a central angle of 7 degrees 19 minutes 50 seconds, the chord of said curve bears North 66 degrees 51 minutes 05 seconds East and has a chord length of 237.82 feet; thence North 70 degrees 31 minutes 00 seconds East, along the last described Southerly right-of-way line, a distance of 196.14 feet to the Point of Beginning SUBJECT, however, to all existing interests, including but not limited to all reservations, rights-of-way and easements of record or otherwise. (Abstract)