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HomeMy WebLinkAbout95-116 - ADMIN Resolution - City Council - 1995/09/18RESOLUTION NO. 95-116 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 5,000 CUBIC YARDS OF FILL FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENCE DISTRICT LOCATED AT 3900 AND 3904 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Halley's Custom Homes, Inc. 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 the placement of 5,000 cubic yards of fill within a R-1 Single Family Residence District located at 3900 and 3904 Cedar Lake Road for the legal description as follows, to -wit: Lot 1, Block 1, Forest Tract Lake Forest Addition and Lot 2, Block 1, Forest Tract Lake Forest Addition (Torrens) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 94 -53 -CUP) and the effect of the proposed placement of 5,000 cubic yards of fill 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 5,000 cubic yards of fill 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 5,000 cubic yards of fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 94 -53 -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 the placement of 5,000 cubic yards of fill at the location described is granted based on the findings set forth above and subject to the following conditions: 1. An Erosion Control Plan acceptable to City Staff is approved prior to the commencement of the filling activities. 2. Fill shall be placed only in accordance with Exhibit A - Grading and Erosion Control Plan, attached hereto and made a part hereof. 3. An easement shall be provided to the City prior to commencement of the filling activities which increases the width of the existing utility easement along the northwesterly lot line of Lot 2 by 7.5 feet to accommodate any future repair or maintenance of an existing sanitary sewer. Xi.. 9s ,,' 4. The division which would move the property line between Lot 1 and Lot 2, Block 1, Forest Tract, Lake Forest Addition be completed and recorded prior to commencement of the filling activities. 5. All fill shall originate at 5101 Lincoln Drive, Edina, Minnesota, and consist of material suitable for soil correction and compaction. The fill material shall be free of contamination, foreign materials, and rocks larger than 12 inches in diameter. 6. The haul route shall be north on T.H.169, east on County Road 25, north on France Avenue (County Road 17) to the site. 7. France Avenue shall be cleaned each day there is hauling activity. 8. Dust shall be held to a minimum by means of regular scheduled watering at a rate not less than 4 times per calendar day on days there is hauling activity. 9. Hauling operations shall be conducted only on weekdays between the hours of 8:00 a.m. and 6:00 p.m. 10. Site landscaping shall be installed in accordance with Exhibit B - Landscape Plan, provided that all existing trees which are identified on the landscape plan are preserved. If any such trees identified to be preserved are removed, additional landscaping shall be required. The developer shall provide financial surety of $6,000 to the City prior to the removal of trees and the commencement of filling activities to insure compliance with the landscape plan. This surety shall be in a form approved by the City Attorney. This surety shall be provided prior to the commencemennt of filling activities. 11. A plan which shows the total soil to be excavated as well as any dewatering plans shall be submitted to the City and approved prior to any excavation on the site. 12. Developer shall provide financial surety in the amount of $10,000 to compensate for damages to the streets due to the filling operations. This surety shall be in a form to be approved by the City Attorney. This surety shall be provided prior to the commencement of filling activities. 13. The fill and grading operation be completed by June 1, 1996. Adopted by the City Council September 18, 1995 ATTEST: Reviewed for administration: 4� City Manager 94-53-CUP:RES8 of/ LIA4) Approved as to form and execution: City Attorney 1. RESOLUTION NO. 95 - 116 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 5,000 CUBIC YARDS OF FILL FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENCE DISTRICT LOCATED AT 3900 AND 3904 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Halley's Custom Homes, Inc. 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 the placement of 5,000 cubic yards of fill within a R-1 Single Family Residence District located at 3900 and 3904 Cedar Lake Road for the legal description as follows, to -wit: Lot 1, Block 1, Forest Tract Lake Forest Addition and Lot 2, Block 1, Forest Tract Lake Forest Addition (Torrens) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 94 -53 -CUP) and the effect of the proposed placement of 5,000 cubic yards of fill 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 5,000 cubic yards of fill 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 5,000 cubic yards of fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 94 -53 -CUT 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 the placement of 5,000 cubic yards of fill at the location described is granted based on the findings set forth above and subject to the following conditions: 1. An Erosion Control 'Plan acceptable to City Staff is approved prior to the commencement of the filling activities. 2. Fill shall be placed only in accordance with Exhibit A - Grading and Erosion Control Plan, attached hereto and made a part hereof. 3. An easement shall be provided to the City prior to commencement of the filling activities which increases the width of the existing utility easement along the northwesterly lot line of Lot 2 by 7.5 feet to accommodate any future repair or maintenance of an existing sanitary sewer. 3 i 4. The division which would move the property line between Lot 1 and Lot 2, Block 1, Forest Tract, Lake Forest' Addition be completed and recorded prior to commencement of the filling activities. 5. All fill shall originate at 5101 Lincoln Drive, Edina, Minnesota, and consist of material suitable for soil correction and compaction. The fill material shall be free of contamination, foreign materials, and rocks larger than 12 inches in diameter. 6. The haul route shall be north on T.H.169, east on County Road 25, north on France Avenue (County Road 17) to the site. 7. France Avenue shall be cleaned each day there is hauling activity. 8. Dust shall be held to a minimum by means of regular scheduled watering at a rate not less than 4 times per calendar day on days there is hauling activity. 9. Hauling operations shall be conducted only on weekdays between the hours of 8:00 a.m. and 6:00 p.m. 10. Site landscaping shall be installed in accordance with Exhibit B - Landscape Plan, provided that all existing trees which are identified on the landscape plan are preserved. If any such trees identified to be preserved are removed, additional landscaping shall be required. The developer shall provide financial surety of $6,000 to the City prior to the removal of trees and the commencement of filling activities to insure compliance with the landscape plan. This surety shall be in a form approved by the City Attorney. This surety shall be provided prior to the commencemennt of filling activities. 11. A plan which shows the total soil to be excavated as well as any dewatering plans shall be submitted to the City and approved prior to any excavation on the site. -12. Developer shall provide financial surety in the amount of $10,000 to compensate for damages to the streets due to the filling operations. This surety shall be in a form to be approved by the City Attorney. This surety shall be provided prior to the commencement of filling activities. 13. The fill and grading operation be completed by June 1, 1996. Adopted by the City Council September 18, 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 94-53-CUP:RES8 . ti 2639911 REGISTER.:, y ,' PM F P 3 776, ,f-ler83 rag,231 gaga32-- OFFICE OF THE REGISTRAR p. TTL » HENNEiVIN COUNTY }l}NNESOT1 CERTIFIED FILED ON BY @EP 27 M5 `-P�` flREGISTRAR OF TITLES DEPUTY CITY OF J ST. LOUIS PARK optt6IRRENs to Registrar of Titles n 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: (S E A L) The attached is a true and correct copy of the original Resoluti•n No. 9574, approving and on file in the Office of the City Clerk. Beverly lana• an, Ci • Clerk (date) TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES BY SEP 27 1995 5005 Minnetonka Boulevard St Louis Park, Minnesota 55416-2290 Phone 612-924-2500 Fax 612-924-2663 Pnnfed on recycled paper NN DEPUTY