HomeMy WebLinkAbout95-108 - ADMIN Resolution - City Council - 1995/09/05RESOLUTION NO.1 95-108
A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 14:4-9.B OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT EXCAVATION OF 81,000 CUBIC
YARDS OF MATERIAL FOR THE PURPOSE OF DREDGING TWIN LAKES
FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENCE DISTRICT
LOCATED AT 4750 WEST 26TH STREET
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. City of St. Louis Park (Minnehaha Creek Watershed District) has made
application to the City Council for a Conditional Use Permit under Section 14:4-9.B of the
St. Louis Park Ordinance Code for the purpose of excavation of 81,000 cubic yards of
material for the purpose of dredging Twin Lakes within a R-1 Single Family Residence
District located at 4750 West 26th Street for the legal description as follows, to -wit:
SEE ATTACHED EXHIBIT A -LEGAL DESCRIPTION
2. The City Council has considered the advice and recommendation of the
Planning Commission (Case No. 95 -33 -CUP) and the effect of the proposed excavating of
81,000 cubic yards of material 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 excavation of 81,000 cubic yards of
material 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 excavation of 81,000 cubic yards of material
is in harmony with the general purpose and intent of the Zoning Ordinance and the
Comprehensive Plan.
4. The contents of Planning Case File 95 -33 -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 excavation of 81,000 cubic yards of material for the
purpose of dredging Twin Lakes at the location described is granted based on the findings
set forth above and subject to the following conditions:
a. The property shall be graded and developed in accordance with Exhibit A - Site and
Grading Plan.
b. All necessary permits be granted prior to commencing any work on the site.
c. Hauling hours shall be weekdays between 7:00 a.m. and 10:00 p.m. and weekends
between 9:00 a.m. to 10:00 p.m.
d. Haul routes shall be as follows:
Twin Lakes Cedarwood Road - Parkwood Road -
Highway 100 Frontage Road - Highway 100
Twin Lakes Pk West 26th Street - Highway 100 Frontage
Road - Highway 100
e. Haul route shall be cleaned each day there is hauling activity or as conditions require
to prevent dust and mud on the roadways.
f. Entrance onto Twin Lakes for the purpose of hauling dredged material shall be from
Cedarwood Road in a manner that minimizes the impact on residents and existing
trees.
g. An erosion control plan be submitted and approved prior to any excavation on the
site.
h. All trees removed from the site shall either be relocated or replaced in accordance
with Section 14:4-11.2 of the Zoning Ordinance.
Adopted by the Ci Council September 5, 1995
ATTEST:
Reviewed for administration :
95-33-CUP:RES8
ay•r
Approved as to form and execution:
ix -a44 -(A. e_a_ P.,,z___
City Attorney
RESOLUTION NO. 95-108
A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 14:4-9.B OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT EXCAVATION OF 81,000 CUBIC
YARDSOF MATERIAL FOR THE PURPOSE OF DREDGING TWIN LAKES
FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENCE DISTRICT
LOCATED AT 4750 WEST 26Th STREET
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. City of St. Louis Park (Minnehaha Creek Watershed District) has made
application to the City Council for a Conditional Use Permit under Section 14:4-9.B of the
St. Louis Park Ordinance Code for the purpose of excavation of 81,000 cubic yards of
material for the purpose of dredging Twin Lakes within a R-1 Single Family Residence
District located at 4750 West 26th Street for the legal description as follows, to -wit:
SEE ATTACHED EXHIBIT A —LEGAL DESCRIPTION
2. The City Council has considered the advice and recommendation of the
Planning Commission (Case No. 95 -33 -CUP) and the effect of the proposed excavating of
81,000 cubic yards of material 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 excavation of 81,000 cubic yards of
material 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 excavation of 81,000 cubic yards of material
is in harmony with the general purpose and intent of the Zoning Ordinance and the
Comprehensive Plan.
4. The contents of Planning Case File 95 -33 -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 excavation of 81,000 cubic yards of material for the
purpose of dredging Twin Lakes at the location described is granted based on the findings
set forth above and subject to the following conditions:
a. The property shall be graded and developed in accordance with Exhibit A - Site and
Grading Plan.
b. All necessary permits be granted prior to commencing any work on the site.
c. Hauling hours shall be weekdays between 7:00 a.m. and 10:00 p.m. and weekends
between 9:00 a.m. to 10:00 p.m.
d. Haul routes shall be as follows:
Twin Lakes Cedarwood Road - Parkwood Road -
Highway 100 Frontage Road - Highway 100
Twin Lakes Pk West 26th Street - Highway 100 Frontage
Road - Highway 100
e. Haul route shall be cleaned each day there is hauling activity or as conditions require
to prevent dust and mud on the roadways.
f. Entrance onto Twin Lakes for the purpose of hauling dredged material shall be from
Cedarwood Road in a manner that minimizes the impact .on residents and existing
trees.
g. An erosion control plan be submitted and approved prior to any excavation on the
site.
h. All trees removed from the site shall either be relocated or replaced in accordance
with Section 14:4-11.2 of the Zoning Ordinance.
Adopted by the City Council September 5, 1995
/s/ Lyle W. Hanks
Mayor
ATTEST:
/s/ Beverly _Flanagan
City Clerk
Reviewed for administration : Approvedasto form and execution:
/s/ Charles W. Meyer /s/ Suesan Lea Pace
City Manager
95-33-CUP:RES8
City Attorney
RESOLUTION NO. 95-108
A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 14:4-9.B OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT EXCAVATION OF 81,000 CUBIC
YARDS OF MATERIAL FOR THE PURPOSE OF DREDGING TWIN LAKES
FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENCE DISTRICT
LOCATED AT 4750 WEST 26TH STREET
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. City of St. Louis Park (Minnehaha Creek Watershed District) has made
application to the City Council for a Conditional Use Permit under Section 14:4-9.B of the
St. Louis Park Ordinance Code for the purpose of excavation of 81,000 cubic yards of
material for the purpose of dredging Twin Lakes within a R-1 Single Family Residence
District located at 4750 West 26th Street for the legal description as follows, to -wit:
SEE ATTACHED EXHIBIT A —LEGAL DESCRIPTION
2. The City Council has considered the advice and recommendation of the
Planning Commission (Case No. 95 -33 -CUP) and the effect of the proposed excavating of
81,000 cubic yards of material 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 excavation of 81,000 cubic yards of
material 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 excavation of 81,000 cubic yards of material
is in harmony with the general purpose and intent of the Zoning Ordinance and the
Comprehensive Plan.
4. The contents of Planning Case File 95 -33 -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 excavation of 81,000 cubic yards of material for the
purpose of dredging Twin Lakes at the location described is granted based on the findings
set forth above and subject to the following conditions:
a. The property shall be graded and developed in accordance with Exhibit A - Site and
Grading Plan.
b. All necessary permits be granted prior to commencing any work on the site.
c. Hauling hours shall be weekdays between 7:00 a.m. and 10:00 p.m. and weekends
between 9:00 a.m. to 10:00 p.m.
d. Haul routes shall be as follows:
Twin Lakes Cedarwood Road - Parkwood Road -
Highway 100 Frontage Road - Highway 100
Twin Lakes Pk West 26th Street - Highway 100 Frontage
Road - Highway 100
e. Haul route shall be cleaned each day there is hauling activity or as conditions require
to prevent dust and mud on the roadways.
f. Entrance onto Twin Lakes for the purpose of hauling dredged material shall be from_
Cedarwood Road in a manner that ininiinizes the impact on residents and existing
trees.
g. An erosion control plan be submitted and approved prior to any excavation on the
site.
h. All trees removed from the site shall either be relocated or replaced in accordance
with Section 14:4-11.2 of the Zoning Ordinance.
Adopted by the City Council September 5, 1995
/s/ Lyle W. Hanks
Mayor
ATTEST:
/s/ Beverly _Flanagan
City Clerk
Reviewed for administration : Approved as to form and execution:
/s/ Charles W. Meyer /s/ Suesan Lea Pace
City Manager City Attorney
95-33-CUP:RES8
0.
r
EXHIBIT A - LEGAL DESCRIPTION
Parcel No. 8 Lots Y and W, Westridge.
(Lot W - Certificate of Title No. 280835)
and
The East 450 feet of the South One-half of the Northwest Quarter (S 1/2 NW 1/4) of Section
Thirty-one (31), Township Twenty-nine (29), Range Twenty-four (24) except the Westerly
233.58 feet of the Northerly 500 feet thereof; subject to easements over those portions deeded for
street purposes. ' `'
Party of the second part agrees that in the event the property is to be sold within twenty (20)
years from the date of this instrument that it shall be first offered to party of the first part who
shall be given first refusal relative to the resale of said property.
and
Reserve Lot A "Cedarwood Second Addition", according to the map or plat thereof on file or of
record in the office of the Registrar of Titles in and for Hennepin County, Minnesota.
For Park Purposes only.
Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual
easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying
Southerly of and adjacent to the line between Reserve Lots A and B, said Addition, and same
extended so that the Southerly line of said strip shall meet the Westerly line of said Addition and
the Westerly end of Twenty-fifth Street.
and
Reserve Lot B "Cedarwood Second Addition", according to the map or plat thereof on file or of
record in the office of the Registrar of Titles in and for Hennepin County, Minnesota.
For Park Purposes only.
Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual
easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying
Northerly of and adjacent to the line between Reserve Lots A and B said addition and the same
extended so that the Northerly line of said strip shall meet the Westerly line of said Addition and
the Westerly end of Twenty-fifth Street.
CASE NO. 95 -33 -CUP and 96 -1 -CUP (Twin Lakes)
7254-1.GEN5
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EXHIBIT A - LEGAL DESCRIPTION
Parcel No. 8 Lots Y and W, Westridge.
(Lot W - Certificate of Title No. 280835)
•
and
The East 450 feet of the South One-half of the Northwest Quarter (S 1/2 NW 1/4) of Section
Thirty-one (31), Township Twenty-nine (29), Range Twenty-four'P(24) except the Westerly
233.58 feet of the Northerly 500 feet thereof; subject to easements over those portions deeded for
street purposes.
Party of the second part agrees that in the event the property is to' be sold within twenty (20)
years from the date of this instrument that it shall be first offered to party of the first part who
shall be given first refusal relative to the resale of said property.
and
Reserve Lot A "Cedarwood Second Addition", according to the map or plat thereof on file or of
record in the office of the Registrar of Titles in and for Hennepin County, Minnesota.
For Park Purposes only.
Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual
easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying
Southerly of and adjacent to the line between Reserve Lots A and B, said Addition, and same
extended so that the Southerly line of said strip shall meet the Westerly line of said Addition and
the Westerly end of Twenty-fifth Street.
and
Reserve Lot B "Cedarwood Second Addition", according to the map or plat thereof on file or of
record in the office of the Registrar of Titles in and for Hennepin County, Minnesota.
For Park Purposes only.
Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual
easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying
Northerly of and adjacent to the line between Reserve Lots A and B said addition and the same
extended so that the Northerly line of said strip shall meet the Westerly line of said Addition and
the Westerly end of Twenty-fifth Street.
CASE NO 95 -33 -CUP and 96 -1 -CUP (Twin Lakes) 7254-1 GENS
90
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6533993
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CITY OF
ST. LOUIS
PARK
LITORRENS to Registrar of Titles
ABSTRACT to County Recorder
STATE OF MINNESOTA )
COUNTY OF HEN IN ) ss
CITY OF ST. LOUIS PARK)
The undersigned duly qualified and acting Clerk
of the City of St. Louis Park hereby certifies the
following:
The attached is a true and correct
copy of the original Resolution No.
95-14 , approving a &?j4 /14,0142,
and on file in the Office of the City Clerk.
Beverly Flanagan, ; y Clerk
(date)
(S E A L)
5005 Minnetonka Boulevard St Louis Park, Minnesota 55416-2290
Phone: 612-924-2500 Fax: 612-924-2170
Panted on recycled paper
r
r
1
/fa,.95---ion
EXHIBIT A - LEGAL DESCRIPTION
Parcel No. 8 Lots Y and W, Westridge.
(Lot W - Certificate of Title No. 280835)
and
The East 450 feet of the South One-half of the Northwest Quarter (S 1/2 NW 1/4) of Section
Thirty-one (31), Township Twenty-nine (29), Range Twenty-four (24) except the Westerly
233.58 feet of the Northerly 500 feet thereof, subject to easements over those portions deeded for
street purposes.
Party of the second part agrees that in the event the property is to be sold within twenty (20)
years from the date of this instrument that it shall be first offered to party of the first part who
shall be given first refusal relative to the resale of said property.
and
Reserve Lot A "Cedarwood Second Addition", according to the map or plat thereof on file or of
record in the office of the Registrar of Titles in and for Hennepin County, Minnesota.
For Park Purposes only.
Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual
easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying
Southerly of and adjacent to the line between Reserve Lots A and B, said Addition, and same
extended so that the Southerly line of said strip shall meet the Westerly line of said Addition and
the Westerly end of Twenty-fifth Street.
and
Reserve Lot B "Cedarwood Second Addition", according to the map or plat thereof on file or of
record in the office of the Registrar of Titles in and for Hennepin County, Minnesota.
For Park Purposes only.
Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual
easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying
Northerly of and adjacent to the line between Reserve Lots A and B said addition and the same
extended so that the Northerly line of said strip shall meet the Westerly line of said Addition and
the Westerly end of Twenty-fifth Street.
CASE NO. 95 -33 -CUP and 96 -1 -CUP (Twin Lakes) 72541.GEN5
7CCrrY OF 6533993
T/IY0
RK
II TORRENS to Registrar of Titles
I (ABSTRACT to County Recorder
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ST. LOUIS PARK)
The undersigned duly qualified and acting Clerk
of the City of St. Louis Park hereby certifies the
following:
The attached is a true and correct
copy of the original ResolutionNo.
Q
jr—,Dsr , approving a ardalf.g. Ai/4y e
and on file in the Office of the City Clerk.
Beverly Flanagan, , y Clerk
(date)
TRANSFER ENTERED
HENNEPIN COUNTY TAXPAYER SERVICES
FEB 2 1996
5005 Minnetonka Boulevard St Louis Park, Minnesota 55416-2290
Phone 612-924-2500 Fax: 612-924-2170
Printed on recycled paper