The URL can be used to link to this page

Home My WebLink About95-117 - ADMIN Resolution - City Council - 1995/09/18RESOLUTION NO. 95-117 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9.B OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT REMOVAL OF 49,000 CUBIC YARDS OF SOIL FROM CEDAR MEADOWS PARK FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENCE DISTRICT LOCATED AT 3930 WEST 26TH STREET AND 2601 GLENHURST AVENUE BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Minneapolis Park and Recreation Board (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 removal of 49,000 cubic yards of soil from Cedar Meadows Park within a R-1 Single Family Residence District located at 3930 West 26th Street and 2601 Glenhurst Avenue for the legal description as follows, to -wit: That part of Lot 1 lying East of Cedar Lake Road and South of a line bearing South 78 degrees 43 minutes East form a point in center line of said road distant 274 6/10 feet North of the South line of Lot 1 including adjacent 1/2 of road vacation except road (3930 26th St West) That part of Government Lot 2 which lies North of Cederhurst East of Thorpe Bros, Cedar lake Heights, except road (2601 Glenhurst Avenue) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 94 -34 -CUP) and the effect of the proposed removal of 49,000 cubic yards of soil from Cedar Meadows Park 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 removal of 49,000 cubic yards of soil from Cedar Meadows Park 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 removal of soil 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 -34 -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 removal of 49,0 00 on thecubi c y dings set from aedar Meadows Park at the location described is granted and subject to the following conditions: • a. The properties shall be graded and developed in accordance with Exhibit A - Site and Grading Plans. b. All necessary permits be granted prior to commencing any work done 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: Cedar Meadows France Avenue - County Road 25 - 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 roadway s. f. An erosion control plan be submitted prior to any excavation on the site. g. A tree inventory be submitted for Cedar Meadows prior to any excavation on the site. If applicable, tree replacement shall occur in accordance with Section 14:4-11.2 oft e Zoning Ordinance. ATTEST: Reviewed for administration: 95-34-CUP:RES8 Adopted by the City Council September 18, 1995 Approved as to form and execution: Y ttorney a R.., MASON, U 5 OFFICES DENVER, COLORADO TEL 309-893-1200 MIAMI, FLORIDA TEL 305-530-0050 WASHINGTON, 0 C TEL 202-924-8000 OPHAM HAIK SCHNOBRICH & KAUFMAN, LTD. INCLUDING THE LAW PRACTICE OP FENWICK & LAWRENCE, ESTABLISHED 1861 SUITE 3300 222 SOUTH NINTH STREET MINNEAPOLIS, MINNESOTA 55402-3336 TEL 612-333-4800 • FAX 612-334-8888 CARRIE L BAZELLA DIRECT DIAL (612) 334-2696 October 24, 1995 Ms. Beverly Flanagan City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 Re: Our File No. 3857-255 Dear Beverly: Enclosed please find Resolution No. 95-119, which was filed September 27, 1995 as document number 6479561. Nilzeicedi AFFILIATIONS BEIJING, CHINA TEL 011E181-5135261 LEIPZIG, OHRMANY TEL 01149-341-4918429 STUTTGART, GERMANY TEL 01149-711-22383 I am also returning Resolution No. 95-117, which was filed but could not be entered against a particular piece of property because of an incomplete legal description. It appears that the only change that needs to occur is the addition of the section, township and range. Please prepare a new resolution with the correct legal description and forward it to me so that it can be re-recorded. Should you have any comments or questions, please do not hesitate to contact me. Very truly yours, Cmict2 K 4C_> Carrie L. Bazella Legal Assistant cc: Suesan Lea Pace 357/22098521 10/24/95 CITY OF 6479560 ST. LOUIS PARK LITORRENS to Registrar of Titles RABSTRACT 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 Resolution No. 9$7/41,approving a6 hI a rovin � , and on file in the Office of the Cit Clerk. Beverly Flanagan, ty Clerk 1 -•ii. ir" (date) TRANSFER ENTERED HENNEPIN COUNTY TAXPAYEr'' SEP 27 I'gg BY -r..,, P,u.UTYMINN %..' DEPUTY 5005 Minnetonka Boulevard St Louis Park, Minnesota 55416-2290 Phone 612-924-2500 Fax. 612-924-2663 Printed on recycled paper . c e q - RESOLUTION NO. 95 ® 117 ,J A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9.B OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT REMOVAL OF 49,000 CUBIC YARDS OF SOIL FROM CEDAR MEADOWS PARK FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENCE DISTRICT LOCATED AT 3930 WEST 26TH STREET AND 2601 GLENHURST AVENUE BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Minneapolis Park and Recreation Board (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 removal of 49,000 cubic yards of soil from Cedar Meadows Park within a R-1 Single Family Residence District located at 3930 West 26th Street and 2601 Glenhurst Avenue for the legal description as follows, to -wit: That part of Lot 1 lying East of Cedar Lake Road and South of a line bearing South 78 degrees 43 minutes East form a point in center line of said road distant 274 6/10 feet North of the South line of Lot 1 including adjacent 1/2 of road vacation except road (3930 26th St West) That part of Government Lot 2 which lies North of Cederhurst East of Thorpe Bros, Cedar lake Heights, except road (2601 Glenhurst Avenue) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 94 -34 -CUP) and the effect of the proposed removal of 49,000 cubic yards of soil from Cedar Meadows Park 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 removal of 49,000 cubic yards of soil from Cedar Meadows Park 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 removal of soil 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 -34 -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 removal of 49,000 cubic yards of soil from Cedar Meadows Park at the location described is granted based on the fmdings set forth above and subject to the following conditions: a. The properties shall be graded and developed in accordance with Exhibit A - Site and Grading Plans. b. All necessary permits be granted prior to commencing any work done 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: Cedar Meadows France Avenue - County Road 25 - 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. An erosion control plan be submitted prior to any excavation on the site. g. A tree inventory be submitted for Cedar Meadows prior to any excavation on the site. If applicable, tree replacement shall occur in accordance with Section 14:4-11.2 of the Zoning Ordinance. Adopted by the City Council September 18, 1995 Mayor ATTEST: City Clerk Reviewed for administration: Approved as to form and execution: City Manager City Attorney 95-34-CUP:RES8