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HomeMy WebLinkAbout95-140 - ADMIN Resolution - City Council - 1995/10/16U 9 OrrIcls COLORADO 711. 303-893-1200 MIAMI, FLORIDA TEL 305-530-0050 WASNI , D C TEL 202-824.8000 P�PHAM HAIK o''e-c'-'tz.�'G ' SCHNOBRICH $ KAUFMAN, LTO. IV1NCLUOINO THE LAW PRACTICE OP (ll /244.142'/ MASON, FENWICK 81 LAWRENC p, E$TABLISH6D 1881 222 SOUTH NINTH STREET MINNEAPOLIS, MINNESOTA 33402-3338 TEL 612-383-4800 • FAX 812-394y/� f) rpt 611,02' CARRIE L. BAZELLA JDIRECT DIAL (612) 334-2606 � 1 \ii6Eq- October 27, 1995 Beverly Flanagan City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 Re: Resolution No. 5_10_J Our File No. 3857-255 Dear Bev: APrILIATIONB BEIJING, CHINA TEL 011E161-5135261 LEIPZIG, TEL OI 149-341-491E1429 STUTTGART, 781- 01149-711-22383 I am returning the above referenced resolution for you to revise the le. al description, which is incmmplete, pursuant to information we received from the Registrar of Titles. The resolution additionally lists a number of torre . --.-- - - - ' mbers, and I question whether you desire to have the resolution filed agst each certificate. or your information, recording charges would amount to appr 1 ximately $500.00. P1 : e let me know how you wish to proceed. Very truly yours, Call°474A— bl Carrie L. Bazella Legal Assistant Enclosure cc: Suesan Lea Pace 357220990461027/95 eAsh RESOLUTION NO. 9 5 -14 0 A RESOLUTION RESCINDING RESOLUTION NO. 89-31 ADOPTED ON MARCH 20, 1989 AND AMENDING A CONTINUED SPECIAL PERMIT UNDER SECTION 14:4-9(B) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW THE DREDGING OF 2,150 CUBIC YARDS OF SOIL TO RESTORE THE OPEN WATER PORTION OF THE POND AT 2517 PRINCETON COURT FINDINGS WHEREAS, Princeton Court Townhouse Association has made application to the City Council for an amendment to a continued special permit under Section 14:4-9(B) of the St. Louis Park Ordinance Code to allow the dredging of 2,150 cubic yards of soil to restore the open water portion of the pond at 2517 Princeton Court within a R3 Two Family Residence District and FF, Floodfringe District having the following legal description: EXHIBIT A - LEGAL DESCRIPTION WHEREAS, the City Council has considered the information related to Planning Case No. 95 -43 -CUP and the effect of the proposed dredging 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. 89-31 of the St. Louis Park City Council dated March 20, 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 continued special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 89-31 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 -43 -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. 89-31 filed as Document No. 2006359 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 the dredging of 2,150 cub'c yards of soil to restore the open water portion of the pond within the R3, Two Family Residence District and FF, Floodfringe District at the location described above based on the following conditions: 1. That the site be developed, used and maintained in accordance with Exhibit A, Site Plan, Exhibit B, Grading Plan, Exhibit C, Elevation and Floor Plans (with the understanding that the floor plan exhibit is intended only for general purposes), and Exhibit D, Landscaping Plan subject to the following. Modifications to the elevation plan can be allowed provided the materials and design match the approved plans. This permits adjustment in windows, skyways, balconies, porches, and the like. (Exhibits on file in the City Development Department at the City of St. Louis Park.) 2. A pedestrian way at least 5 feet wide be provided along the north side of West 26th Street. 3. The lowest floor elevation of the lowest floor in each townhouse shall be at or above 876.0 NGVD. 4. All utilities including but not limited to gas, electric, telephone and cable T.V. be placed underground. 5. All private roads and private utilities be designed and constructed to City speci flea tions. 6. The proper provisions for erosion and dust control be presented wi th construction plans. 7. All refuse and garbage be stored in the garages. 8. Prior to issuance of a building permit the applicant present documemtation of proper preservation of the on site open space and drainage system. 9. The applicant and the successors and assigns understand and hereby agree that the City has no obligation to permit parking on West 26th Street nor to take over any public responsibility for the private roads and utilities. 10. All improvements including buildings, roads, pedestrian ways, parking, ponding, utilities 2and other elements contained on the exhibits be completed by May 15, 1986. 11. That the Exhibits identified in Condition No. 1 are hereby modified to permit construction of an outdoor tennis court in place of 4 units of housing located on the most westerly edge of the subject property and as shown on Exhibit A-1, Site Plan; Exhibit B-1, Grading Plan; and Exhibit D-1, Landscape Plan (the developer is responsible for replacing all landscaping removed by the pedestrian way described in Condition No. 2); and the completion date in Condition No. 10 is hereby changed to May 15, 1987. 12. Condition No. 2 is repealed thereby deleting the sidewalk/pedestrian way requirement. A.fs-plo 13. The continued special permit shall be amended pursuant to Planning Case No. 95 -43 - CUP to permit the dredging of 2,150 cubic yards of soil to restore the open water portion of the pond subject to the following conditions: a. A permit for dredging is issued by the Minnehaha Creek Watershed District. b. An erosion control plan acceptable to City staff is received and an erosion control permit granted prior to any excavation. c. The hauling route shall be West 26th Street to the disposal site. d. Streets shall be cleaned each day there is hauling activity. e. Dust shall be kept to a minimum by means of regular watering or other means acceptable to the City. f. Hauling operations shall be conducted on Monday through Thursday between 7:00 a.m. and 9:00 p.m. and Fridays between 7:00 a.m. to 5:00 p.m. g. The fill operation shall be completed by June 1, 1996. ATTEST: Reviewed for administration: Adopted by the City Council October 16, 1995 6) hza,„1,ii Approved as to form and execution: EXHIBIT A -- LEGAL DESCRIPTION (Condominium No. 548, Princeton Court Townhomes A Condominium) The east 658 feet of that part of the South 330 feet of the Northwest Quarter of Section 31, Township 29, Range 24, lying West of the East 450 feet thereof and East of a line drawn parallel with and distant 20 feet Southeasterly of the following described line: Commencing at the North Quarter corner of said Section 31; thence West along the North line of the Northwest Quarter of said Section 31 a distance of 1316.42 feet; thence deflecting to the left at an angle of 78 degrees 57 minutes 13 seconds a distance of 801.9 feet; thence Southerly along a 1 degree tangential curve to the right (central angle 9 degrees 4 minutes) a distance of 906.7 feet; thence Southerly, tangent to said curve a distance of 332.6 feet; thence at a right angle Southeasterly a distance of 71 feet; thence Southwesterly at a right angle a distance of 57.46 feet; thence Southerly along a 11 degree tangential curve to the left (central angle 22 degrees 34 minutes 6 seconds) a distance of 205.17 feet; thence Southerly, tangent to said curve, a distance of 41.94 feet to the point of beginning of the line to be described; thence Southerly along a 25 degree tangential curve to the right (central angle 39 degrees 35 minutes 12 seconds) a distance of 158.35 feet; thence Southerly, tangent to the last described curve a distance of 35.17 feet; thence Southerly along a 11 degree tangential curve to the left (central angle 25 degrees 16 minutes 6 seconds) a distance of 229.71 feet; thence Southerly, tangent to the last described curve, to the South line of said Northwest Quarter and there terminating. A part of the South boundary line of said land is marked by Judicial Landmarks set pursuant to Torrens Case No. 14446, according to the Government Survey thereof. (Torrens Certificate Nos. 683290, 682753, 682754, 688474, 689521, 690032, 685352, 683698, 728437, 690962, 683838, 687305, 683232, 686719, 705573, 703413, 703229, 711861, 704551, 706876, 708541, 704849, 709514 and 707850 Case NO. 95 -43 -CUP 1 1 RESOLUTION NO. 9 /oefts A RESOLUTION RESCINDING RESOLUTION NO. 89-31 ADOPTED ON MARCH 20, 1989 AND AMENDING A CONTINUED SPECIAL PERMIT UNDER SECTION 14:4-9(B) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW THE DREDGING OF 2,150 CUBIC YARDS OF SOIL TO RESTORE THE OPEN WATER PORTION OF THE POND AT 2517 PRINCETON COURT FINDINGS WHEREAS, Princeton Court Townhouse Association has made application to the City Council for an amendment to a continued special permit under Section 14:4-9(B) of the St. Louis Park Ordinance Code to allow the dredging of 2,150 cubic yards of soil to restore the open water portion of the pond at 2517 Princeton Court within a R3 Two Family Residence District and FF, Floodfringe District having the following legal description: EXHIBIT A - LEGAL DESCRIPTION WHEREAS, the City Council has considered the information related to Planning Case No. 95 -43 -CUP and the effect of the proposed dredging 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. 89-31 of the St. Louis Park City Council dated March 20, 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 continued special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 89-31 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 -43 -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. 89-31 filed as Document No. 2006359 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 the dredging of 2,150 cubic yards of soil to restore the open water portion of the pond within the R3, Two Family Residence District and FF, Floodfringe District at the location described above based on the following conditions: 1. That the site be developed, used and maintained in accordance with Exhibit A, Site Plan, Exhibit B, Grading Plan, Exhibit C, Elevation and Floor Plans (with the understanding that the floor plan exhibit is intended only for general purposes), and Exhibit D, Landscaping Plan subject to the following. Modifications to the elevation plan can be allowed provided the materials and design match the approved plans. This permits adjustment in windows, skyways, balconies, porches, and the like. (Exhibits on file in the City Development Department at the City of St. Louis Park.) 2. A pedestrian way at least 5 feet wide be provided along the north side of West 26th Street. 3. The lowest floor elevation of the lowest floor in each townhouse shall be at or above 876.0 NGVD. 4. All utilities including but not limited to gas, electric, telephone and cable T.V. be placed underground. 5. All private roads and private utilities be designed and constructed to City speci ficatio as. 6. The proper provisions for erosion and dust control be presented wi th construction plans. 7. All refuse and garbage be stored in the garages. 8. Prior to issuance of a building permit the applicant present documemtation of proper preservation of the on site open space and drainage system. 9. The applicant and the successors and assigns understand and hereby agree that the City has no obligation to permit parking on West 26th Street nor to take over any public responsibility for the private roads and utilities. 10. All improvements including buildings, roads, pedestrian ways, parking, ponding, utilities land other elements contained on the exhibits be completed by May 15, 1986. 11. That the Exhibits identified in Condition No. 1 are hereby modified to permit construction of an outdoor tennis court in place of 4 units of housing located on the most westerly edge of the subject property and as shown on Exhibit A-1, Site Plan; Exhibit 5-1, Grading Plan; and Exhibit D-1, Landscape Plan (the developer is responsible for replacing all landscaping removed by the pedestrian way described in Condition No. 2); and the completion date in Condition No. 10 is hereby changed to May 15, 1987. 12. Condition No. 2 is repealed thereby deleting the sidewalk/pedestrian way requi rement. . J 13. The continued special permit shall be amended pursuant to Planning Case No. 95 -43 - CUP to permit the dredging of 2,150 cubic yards of soil to restore the open water portion of the pond subject to the following conditions: a. A permit for dredging is issued by the Minnehaha Creek Watershed District. b. An erosion control plan acceptable to City staff is received and an erosion control permit granted prior to any excavation. c. The hauling route shall be West 26th Street to the disposal site. d. Streets shall be cleaned each day there is hauling activity. e. Dust shall be kept to a minimum by means of regular watering or other means acceptable to the City. f. Hauling operations shall be conducted on Monday through Thursday between 7:00 a.m. and 9:00 p.m. and Fridays between 7:00 a.m. to 5:00 p.m. g. The fill operation shall be completed by June 1, 1996. Adopted by the City Council October 16, 1995 Mayor ATTEST: City Clerk Reviewed for administration: Approved as to form and execution: City Manager City Attorney 95-43-CUP:RES8 IC , EXHIBIT A -- LEGAL DESCRIPTION (Condominium No. 548, Princeton Court Townhomes A Condominium) The east 658 feet of that part of the South 330 feet of the Northwest Quarter of Section 31, Township 29, Range 24, lying West of the East 450 feet thereof and East of a line drawn parallel with and distant 20 feet Southeasterly of the following described line: Commencing at the North Quarter corner of said Section 31; thence West along the North line of the Northwest Quarter of said Section 31 a distance of 1316.42 feet; thence deflecting to the left at an angle of 78 degrees 57 minutes 13 seconds a distance of 801.9 feet; thence Southerly along a 1 degree tangential curve to the right (central angle 9 degrees 4 minutes) a distance of 906.7 feet; thence Southerly, tangent to said curve a distance of 332.6 feet; thence at a right angle Southeasterly ,a distance of 71 feet; thence Southwesterly at a right angle a distance of 57.46 feet; thence Southerly along a 11 degree tangential curve to the left (central angle 22 degrees 34 minutes 6 seconds) a distance of 205.17 feet; thence Southerly, tangent to said curve, a distance of 41.94 feet to the point of beginning of the line to be described; thence Southerly along a 25 degree tangential curve to the right (central angle 39 degrees 35 minutes 12 seconds) a distance of 158.35 feet; thence Southerly, tangent to the last described curve a distance of 35.17 feet; thence Southerly along a 11 degree tangential curve to the Left (central angle 25 degrees 16 minutes 6 seconds) a distance of 229.71 feet; thence Southerly, tangent to the last described curve, to the South line of said Northwest Quarter and there terminating. A part of the South boundary line of said land is marked by Judicial Landmarks set pursuant to Torrens Case No. 14446, according to the Government Survey thereof. (Torrens Certificate Nos. 683290, 682753, 682754, 688474, 689521, 690032, 685352, 683698, 728437, 690962, 683838, 687305, 683232, 686719, 705573, 703413, 703229, 711861, 704551, 706876, 708541, 704849, 709514 and 707850 Case NO. 95 -43 -CUP