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HomeMy WebLinkAbout95-119 - ADMIN Resolution - City Council - 1995/09/18RESOLUTION NO. 95-119 A RESOLUTION RESCINDING RESOLUTION NO. 7494 ADOPTED ON NOVEMBER 7, 1983 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:8-6.4(D) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A MINOR AMENDMENT TO A CONTINUED SPECIAL PERMIT AT 5916 EXCELSIOR BOULEVARD FINDINGS WHEREAS, Robert J. Engel has made application to the City Council for a minor amendment to a continued special permit under Section 14:8-6.4(D) of the St. Louis Park Ordinance Code to allow a minor amendment at 5916 Excelsior Boulevard within a C-2 Commercial District having the following legal description: Lot 31, Block 3, "Suburban Homes Co's. Addition" (Abstract) WHEREAS, the City Council has considered the information related to PlAnning Case No. 95 -41 -CUP and the effect of the proposed minor amendment 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 conditional use permit was issued regarding the subject property pursuant to Resolution No. 7404 of the St. Louis Park City Council dated November 7, 1983 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. 7494 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 95 -41 -CUP are hereby entered into and made part of the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 7494 filed as Document No. 4848630 is hereby rescinded and replaced by this resolution which continues and amends a continued special permit to the subject property for the purposes of permitting a minor amendment within the C2 Commercial District at the location described above based on the following conditions: 1. The site be developed, used, and maintained in accordance with Exhibit A, Site Plan/Landscape Plan; Exhibit B, Proposed Floor Plan; and Exhibit C, Elevation Plans (Exhibits are on file in the Planning Department at City Hall). (Exhibits A, B & C replaced by Exhibits H & I in Condition No. 5) 2. All improvements shown on Exhibits A, B, and C, including buildings and structures, building facings and materials, landscaping, curbing, paving, and parking lot striping, shall be completed by June 1, 1977. ga The entryway be walled in and a canopy be added over the front entrance in accordance with the following conditions: a. The site shall be developed, used and maintained in accordance tithE'Exhibit Ds E & F replaced ExteriortatiElevations; Site Plan. Exhibits D. Station Plan; and I Exhibit Condition No. 5) by Exhibits H completed by June 30, 1982. b. All work shall be comp 4. That a canopy over the main entrance,c sn trueetion of ain bar accordanceenentrance, and other minor external mode ficatiwith the following conditions: hall be developed, used and a. The site s maintained in accordance with Exhibit G, Exterior Painting and Staining, South and East Elevations and Plan View - Canopy. b. Signage shall be restricted to the gable area on the east side of the building over the main entrance. Signage shall comply with the size limitations in the ordinance. improvements shall be completed by May c. 1imp t that the bar entrance on the 155,, 1984, excep need not be completed east side of the building need until October 15, 5. The continued special permit shall be amended pursuant to Planning Case No. 95 -41 - CUP to permit a minor amendment subject to the following conditions: a. The site shall be developed, used ande mai visedttainiedinudaccoradditdance with Exhibit H -Site Plan/Landscape Plan as aping along the abutting residential properties and Exhibit I - Elevations; such documents incorporated by reference herein. improvements shall be completed pursuant to b.The parking lot and landscape imp ng ma be required to be Exhibit H by October 31, 1996. AdditionalOrdinance requirements. installed in 1997 to comply with Zoning c. Pursuant to Section 14:5-5.1(A)(1) of the Zoning Ordinance, no business activity relating to beverage and food service shall occur on the reas Business identified on Exhibit H as "Garden food and beverageOsalesor and Seating". ce to patrons activity is defined as providing permit of the facility. If the ordinance should be amended in the future the or beverage service, applicant requiredoutdoor business activitiesrelating to to the continued ecial permit. will be to request an ame d. Signage on the site shall comply with the current requirements of the Zoning Ordinance. RESOLUTION NO. 9 5- 1 1 9 A RESOLUTION RESCINDING RESOLUTION NO. 7494 ADOPTED ON NOVEMBER 7, 1983 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:8-6.4(D) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A MINOR AMENDMENT TO A CONTINUED SPECIAL PERMIT AT 5916 EXCELSIOR BOULEVARD FINDINGS WHEREAS, Robert J. Engel has made application to the City Council for a minor amendment to a continued special permit under Section 14:8-6.4(D) of the St. Louis Park Ordinance Code to allow a minor amendment at 5916 Excelsior Boulevard within a C-2 Commercial District having the following legal description: Lot 31, Block 3, "Suburban Homes Co's. Addition" (Abstract) WHEREAS, the City Council has considered the information related to Planning Case No. 95 -41 -CUP and the effect of the proposed minor amendment 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 conditional use permit was issued regarding the subject property pursuant to Resolution No. 7404 of the St. Louis Park City Council dated November 7, 1983 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. 7494 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 95 -41 -CUP are hereby entered into and made part of the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 7494 filed as Document No. 4848630 is hereby rescinded and replaced by this resolution which continues and amends a continued special permit to the subject property for the purposes of permitting a minor amendment within the C2 Commercial District at the location described above based on the following conditions: 1. The site be developed, used, and maintained in accordance with Exhibit A, Site Plan/Landscape Pian; Exhibit 8, Proposed Floor Plan; and Exhibit C, Elevation Plans (Exhibits are on file in the Planning Department at City Hall). (Exhibits A, B & C replaced by Exhibits H & I in Condition No. 5) 2. All improvements shown on Exhibits A, 3, and C, including buildings and structures, building facings and materials, landscaping, curbing, paving, and parking lot striping, shall be completed by June 1, 1977. • 3. The entryway be walled in and a canopy be added over the front entrance in accordance with the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit D. Exterior Elevations; Exhibit E, Waitress Station Plan; and Exhibit F, Site Plan. Exhibits D, E & F replaced by Exhibits H & I in Condition No. 5) b. All work shall be completed by June 30, 1982. 4. That a canopy over the main entrance, construction of a bar entrance, and other minor external modifications be allowed in accordance with the following conditions: a. The site shall oe developed, used and maintained in accordance with Exhibit G, Exterior Painting and Staining, South and East Elevations and Plan View - Canopy. b. Signage shall be restricted to the gable area on the east side of the building over the main entrance. Signage shall comply with the size limitations in the ordinance. c. All improvements shall be completed by May 15, 1984, except that the bar entrance on the east side of the building need not be completed until October 15, 1984. 5. The continued special permit shall be amended pursuant to Planning Case No. 95 -41 - CUP to permit a minor amendment subject to the follow -mg conditions: a. The site shall be developed, used and maintained in accordance with Exhibit H - Site Plan/Landscape Plan as revised to include additional landscaping along the abutting residential properties and Exhibit I - Elevations; such documents incorporated by reference herein. b. The parking lot and landscape improvements shall be completed pursuant to Exhibit H by October 31, 1996 Additional landscaping may be required to be installed in 1997 to comply with Zoning Ordinance requirements. c. Pursuant to Section 14:5-5.1(A)(1) of the Zoning Ordinance, no business activity relating to beverage and food service shall occur on the areas identified on Exhibit H as "Garden Patio" or "Outdoor Seating". Business activity is defined as providing food and beverage sales and service to patrons of the facility. If the ordinance should be amended in the future to permit outdoor business activities relating to food or beverage service, the applicant will be required to request an amendment to the continued special permit. d. Signage on the site shall comply with the current requirements of the Zoning Ordinance. a ATTEST: /s/ Beverly Flanagan City Clerk Reviewed for administration: /s/ Charles W. Meyer Adopted by the City Council September 18, 1995- ' /s/ Lyle W. Hanks Mayor Approved as to form and execution: /s/ Suesan Lea Pace City Manager City Attorney 7024:GEN53 . t; 9 SA0(1 s;w-4)*x0a 6479 61 T SEF'9515 02 n64795e.1 °_,i_0 $4 50 i ' i SEP9515 07' 0t,4.; 9%1 DOC4'15 00 OFFICE CF CC1.1471 RECORDER FhEttt+Er-iN COUNT f, NtIdESOTA CETSCD r'LED !,ND GR F,E ,F :U ON 95 SEP 27 F;; 3: 03 Ds, 'ThT 164'79561 2ECOP,EER r ATTEST: e CityCl 4.41411".° Reviewed for administration: 7024:GEN53 ti4 -;-r . 4 Adopted by the City Council September 18, 1995 Approved as to form and execution: 444444.4.4. %-reeit. City Attorney CITY OF J ,ST. LOUIS 6479562 PARK Il TORRENS to Registrar of Titles TRACT to County Recorder STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK) The undersigned duly qualified and acting Clerk of the City of St. Louis Park hereby certifies the following: The attached is a true and correct copy of the original 44/ esolution No. A • f5;t143, approving a and on file in the Office of the City Clerk. Beverly F1• -gan, Ci Clerk 49-20-9$ (date) TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES SEP 27 1995 5005 Minnetonka Boulevard St Louis Park, Minnesota 55416-2290 Phone 612-924-2500 Fax 612-924-2663 Printed on recycled paper NN DEPUTY