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HomeMy WebLinkAbout94-125 - ADMIN Resolution - City Council - 1994/09/12RESOLUTION NO. 94-125 A RESOLUTION RESCINDING RESOLUTION NO. 89-38 ADOPTED ON APRIL 3, 1989, APPROVING A MINOR AMENDMENT TO A CONTINUED SPECIAL USE PERMIT UNDER SECTION 14:8-6.4(D) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW MODIFICATIONS TO THE BUILDING AT 7500 EXCELSIOR BOULEVARD FINDINGS WHEREAS, Pickwick International Inc. (The Musicland Group, Inc.) has made application to the City Council for an amendment to a continued special permit under Section 14:8-6.4(D) of the St. Louis Park Ordinance Code to allow modifications to the building at 7500 Excelsior Boulevard within a IG General Industrial District having the following legal description: See Attached Exhibit A - Legal Description WHEREAS, the City Council has considered the information related to Planning Case No. 94 -42 -CUP and the effect of the proposed modifications 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. 89-38 of the St. Louis Park City Council dated April 3, 1989 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 conditional use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 89-38 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 File 94 -42 -CUP 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 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 89-38 filed as Document No. 2006360 is hereby rescinded and replaced by this resolution which continues and amends a continued special use permit to the subject property for the purposes of permitting modifications to the building within the IG General Industrial 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 - Grading and Utility Plan; Exhibit C - Landscape Plan; and Exhibit D - Elevations. (Exhibits are on file in the City Development office at the City of St. Louis Park) 2. All improvements shall be completed by October 30, 1988. . 44.94 izs- 3. Condition 1 above is hereby modified to read as follows: The site shall be developed, used and maintained in accordance with Exhibit A - Site Plan (Sheet SD -2, dated January 30, 1989; Exhibit B - Grading and Utility Plan; Exhibit C - Landscape Plan; and Exhibit D - Elevations (Sheet SD -3, dated January 30, 1989. 4. All improvements shall be completed by February 1, 1990. 5. Condition 3 above is hereby modified to read as follows: The site shall be developed, used and maintained in accordance with Exhibit A - Site Plan as modified with Exhibit E, Site Plan (Sheet SD -2, dated March 24, 1989); Exhibit B - Grading and Utility Plan; Exhibit C - Landscape Plan; and Exhibit D - Elevations (Sheet SD -3, dated January 30, 1989). (amended by Condition 7.a. below) 6. All improvements shall be completed by April 1, 1990. 7. The special use permit shall be amended pursuant to Planning Case No. 94 -42 -CUP. a. Information necessary to determine compliance with the current zoning ordinance be submitted prior to issuance of any building permit authorized by this minor amendment to the continued special permit so that a determination can be made that the site is being brought into greater or complete compliance with the current zoning ordinance and with other provisions of this ordinance, to the extent reasonable and possible. b. Condition 5 above is hereby modified to delete Exhibit D - Elevations. Adopted by the City Council September 12, 1994 /(1 ATTEST: Reviewed for administration: 94-42-CUP:RES7 Approved as to form and execution: EXHIBIT A -- LEGAL DESCRIPTION Per 1: That ;art of the ;:orth:rest quarter of the Southwest q,:srter of Section 20, Towneblp 117. Rar6P 21 described as follows: Co-_ne+s at tea 3ortheeat corner of said quarter -quarter, thence .resters,/ aye the North lice thereof 7C0 feet; thence :motherly aL r. s line ;ars11e1 .•ith the vest Line of said q,iarter-quarter 642.5 feet to the center line of Excelsior Avenue; thence Easterly along the center line of Excelsior Avenue to the East line of said Quarter -Quarter; thence torthorly along said East line to point of beginning, ercept the West 49 feet of the Southerly 461 feet thereof. Subject to public streets on the Southerly 33 feet end the Easterly 33 feet thereof, as shown in deed Doc :to. 437549, :ilea of Pegistrar of Titles; Per 2: That ;art of the South•.est quarter of the :forth:est Quarter Vim; South and East of tre center LL^e of Powell Road; That part of the North/est quarter of the Southwest Quarter described as follows: Commencing at a point on the 'forth line of tae 'lorihvest quarter of the Southwest Quarter, 700 feet ':est of the Sortleest corner thereof, thence South alb a line parallel with the lest Line thereof to point 461 feet Horth of the center Line of Excelsior Boulevard as measured along said parallel line, which is the actual point of beginning of the tract to to described, thence north along said parallel line to the :forth line of the :Northwest :lsarter of the Southwest Quarter, thence West along said north line 185.3 feet, thence South along a line deflecting to the left 90.CC8 dearees to a point of intersection with a line running parallel with the center lino of Excelsior Boulevard from the point of beginning, thence Easterly to the pdint of beginning; the Southerly boundary of said tract is marked by Judicial sandrarks set pursuant to Torrens Case :to. 12986; •+' '". " ctfen 20, -e•cs"to 117, Panne 21. Subject to a poser line eeseoent and incidental rights.c erection therewith as shown by instrument of record in Book 1990 of Coeds, rage 245; Subject to the building restrictions created by deed of ±cord in Book 2016 of Deeds, page 179; Subject to the sewer, water and utility easements as sham by the instrs.ment recorded Ln Rook 2C08 of Deeds, page 50; Subject to a spur tract easement created by instrument of record in Roots 2114 of Deeds, page 31; Subject to the sever drain easement and the restrictirns created by deed of record in Boat 1.943 of Deeds, page 297, as a -ended by instrument recorded in Book 1977'of Deeds, page 57; Subject to the easement for street purposes as set forth in the deed recorded in 3ook 2008 of Deeds, page 52; CASE NO. 94 -42 -CUP