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Home My WebLink About95-25 - ADMIN Resolution - City Council - 1995/03/06, j RESOLUTION NO. 95-25 *- A RESOLUTION RESCINDING RESOLUTION NO. 92-38 ADOPTED ON APRIL 6, 1992 AND APPROVING A MINOR AMENDMENT TO A CONTINUED SPECIAL USE PERMIT UNDER SECTION 14:8-6.4(D) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW CONSTRUCTION OF A SWIMMING POOL ON PROPERTY LOCATED IN THE R-4 MULTIPLE FAMILY RESIDENCE DISTRICT, AT 4330 CEDAR LAKE ROAD FINDINGS WHEREAS, The Jewish Community Center of greater Minneapolis has made application to the City Council for an amendment to a continued special permit under Section 14:8-6.4(D) of the St. Louis Park Ordinance Code to allow construction of a swimming pool at 4330 Cedar Lake Road within a R-4 Multiple Family Residence District having the following legal description: See Attached Exhibit A WHEREAS, the City Council has considered the information related to Planning Case Nos. 91 -10 -SP, 92 -19 -SP and 95 -4 -CUP and the effect of the proposed modifications 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. 92-38 of the St. Louis Park City Council dated April 6, 1992 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. 92-38 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 -4 -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 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 92-38 filed as Document No. 2261068 is hereby rescinded and replaced by this resolution which continues and amends a continued special use permit to the subject property for the purposes of permitting modifications to 4330 Cedar Lake Road within the R-4 Multiple Family Residence District at the location described above based on the following conditions: 1. The project shall be developed and constructed in conformance with the site plan marked Exhibit F. (Supplemented by Exhibit G referred to in Condition 9 and Exhibit H referred to in Condition 12 and Exhibit I) 2. The building shall not exceed 120,000 square feet of floor area or 40 feet in height. 3. All outdoor illumination shall be accomplished in such a manner so that no direct rays shall penetrate beyond the property line nor be visible from any residential premises or public right-of-way. 4. All outdoor illumination, other than that necessary for reasons of safety, shall be turned off by 9:00 p.m. on all nights. 5. Trees shall be planted as indicated on Exhibit F and they shall be no less than fifteen feet high nor less than 2 1/2, inches in diameter one foot off the ground at the time of planting. 6. That the trees and,shrubbery required along the north property line be planted before September 30, '1968. 7. All other landscaping, service drives and parking areas shall be completed by July 15, 1969. 8. The drainage plan incorporated on Exhibit F shall be completed by October 31, 1968. 9. The proposed structure shall be permitted and installed according to Exhibit G - Site Plan. (The additional ,landscaping details including walkways, picnic shelters, play areas and athletic facilities.are illustrative in nature only and are not to be construed as subject to requirements of the special permit). 10. The hours of operation of the day camp site shall be limited from sunrise to sunset. 11. All improvements shall be completed prior to issuance of a Certificate of Occupancy. 12. Exhibit F - Site Plan is further modified by Exhibit H - Swimming Pool Location to permit the construction of an outdoor swimming pool. 13. Conditions 5 and 6 are hereby deleted. 14. The conditional use permit shall be amended pursuant to Planning Case No. 95 -4 - CUP to permit construction of a swimming pool subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit I such documents incorporated by reference herein. b. The uses shall be limited to the hours of operation described in Exhibit J, Hours of Operation. 15. That all improvements modified by Condition No. 14 shall be completed by March 6, 1996. Adopted by the City Council March 6, 1995 ATTEST: /s/ Beverly Flanagan City Clerk /s/ Lyle W. -Hanks Mayor Reviewed for administration: Approved as to form and execution: /s/ Charles W. Meyer /s/ Suesan Lea Pace City Manager City Attorney 95-4-CUP:RES8 2599855 VlaSTEM_0 wrasual VUt. 1S5-3 PAGE .4&3 L copy OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FILED ON APR 4 1995 le RErISTRAR OF TITLES BY DEPUTY EXIBIT A Tract C, Registered Land Survey No. 1228, Files of Registrar of Titles, County of Hennepin (Torrens Certificate No. 468732) AND a. ti • That trnct of land lying and being Foot of a line drawn perpendicular to the north line of the South 1/2 of the Southeant Qunrter of Section 30, TotmoItip 29, Range,21s commencing from a point in said North line diutnnt 10110.11 feel East of the Northwest corner of enid flouth 1/2 of the Bouthcant Quarter in Section 30, Townohip 29, linnge 2h and extended thence Southerly Lo the llortli line of Cedar !Ake Rood contained Within the following described parcel of land, to -vitt Commencing at the Northwest corner of the South 112 of the Bouthenat Q1lnrlcr of Section 30, Townohlp 29, Rnnge 2h; thence Knot to Lhe Northeast corner thereofj thende South to the northerly line of the Great northern 1L►ll r'id rig;hL-of-wny; thence Boutllwenterly nlong the same to a point 872 feet Northeasterly meacul'ed along the Northerly line of anld rig11t-of-wny from the Easterly line of Cedar !Ake Road; thence at right angle° Northwesterly 190 feet; thence Southwesterly parallel with the Northerly line of said right-of-wny 793.(11 feet; thence Northweetorly making an angle to the right or 72 degrees h2 minutes a dintnnce of 1102.h feet; thence Westerly nmking nn angle to the left of 56 degrees and no minutes a diotance of 1711.9 feet; thenco nuking un angle to the left 90 degrees and no minutes a dlntance of 200 feet Co the Northerly line of Cedar lake Road; thence I)tatorly and Southerly along the Northerly and Easterly line of enid road 293.60 feet to the Northerly line of said right-of-wny; thence Southweoturiy along! the Northerly line of said right-of-way to the Neat line of the Southeast Quarter; thence North to beginning; Except that part thereof described as follows: All that part of the Southeast Quarter of the Boutin:net Quarter of Section 30, Townolllp 29, !lenge 211, deecribed an followe: Commencing at the interneclion of the Easterly line of exinting; Cedar lake food which Ilan a 66 foot right of way and the Northerly right of wny line of Great Northern Railroad; thence Northeasterly along; the Northerly ]int of enld rnllrond right of way n distance of 872.0 feet to the actual point of beginning of the tract of land to be de•.onribedj thence deflecting to the left 90 degrees and 00 minutes a dintnnce of 190 feet; thence deflecting to the right 90 degree° and 00 nminul.e°, parallel with I.lir, Northerly line of °aid right of wny, a diel.nnce of 1199.22 feet, more or leas; thence deflecting to Lho left 31 deg;iuta and 03 mieuLes a dielance of 11311.92 fteL, mote or leen, Lo u point in Lhe North line of the Southeast Quarter of the ffoutheant Quarter of said Section 30, distant 33.0 feet West from the Northeast corner thereof; thence East along,,eaid North line a distance of 33.0 feet to the Northeast corner of °aid Southeaet Quarter of the Soutllennt Quarter of Section 30; thence South along the Euet lino of Section 30, Townnitlp 29, Rnngle 2h, a dintance of 460.1 feet more or leen, Lo the Northerly right of way line of the Great Northern Railroad; thence Southwesterly along said Northerly right of way line, a distance of 7511.09 feet to the actual point of beginning. (Torrens Certificate No. 373178) CASE NO. 95 -4 -CUP RESOLUTION NO. 95-25 A RESOLUTION RESCINDING RESOLUTION NO. 92-38 ADOPTED ON APRIL 6, 1992 AND APPROVING A MINOR AMENDMENT TO A CONTINUED SPECIAL USE PERMIT UNDER SECTION 14:8-6.4(D) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW CONSTRUCTION OF A SWIMMING POOL ON PROPERTY LOCATED IN THE R-4 MULTIPLE FAMILY RESIDENCE DISTRICT, AT 4330 CEDAR LAKE ROAD FINDINGS WHEREAS, The Jewish Community Center of greater Minneapolis has made application to the City Council for an amendment to a continued special permit under Section 14:8-6.4(D) of the St. Louis Park Ordinance Code to allow construction of a swimming pool at 4330 Cedar Lake Road within a R-4 Multiple Family Residence District having the following legal description: See Attached Exhibit A WHEREAS, the City Council has considered the information related to Pbmining Case Nos. 91 -10 -SP, 92 -19 -SP and 95 -4 -CUP and the effect of the proposed modifications 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. 92-38 of the St. Louis Park City Council dated April 6, 1992 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. 92-38 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 -4 -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. 92-38 filed as Document No. 2261068 is hereby rescinded and replaced by this resolution which continues and amends a continued special use permit to the subject property for the purposes of permitting modifications to 4330 Cedar Lake Road within the R-4 Multiple Family Residence District at the location described above based on the following conditions: 1. The project shall be developed and constructed in conformance with the site plan marked Exhibit F. (Supplemented by Exhibit G referred to in Condition 9 and Exhibit H referred to in Condition 12 and Exhibit I) 2. The building shall not exceed 120,000 square feet of floor area or 40 feet in height. 3. All outdoor illumination shall be accomplished in such a manner so that no direct rays shall penetrate beyond the property line nor be visible from any residential premises or public right-of-way. 4. All outdoor illumination, other than that necessary for reasons of safety, shall be turned off by 9:00 p.m. on all nights. 5. Trees shall be planted as indicated on Exhibit F and they shall be no less than fifteen feet high nor less than 2 1/2 inches in diameter one foot off the ground at the time of planting. 6. That the trees and shrubbery required along the north property line be planted before September 30, 1968. 7. All other landscaping, service drives and parking areas shall be completed by July 15, 1969. 8. The drainage plan incorporated on Exhibit F shall be completed by October 31, 1968. 9. The proposed structure shall be permitted and installed according to Exhibit G - Site Plan. (The additional landscaping details including walkways, picnic shelters, play areas and athletic facilities are illustrative in nature only and are not to be construed as subject to requirements of the special permit). 10. The hours of operation of the day camp site shall be limited from sunrise to sunset. 11. All improvements shall be completed prior to issuance of a Certificate of Occupancy. 12. Exhibit F - Site Plan is further modified by Exhibit H - Swimming Pool Location to permit the construction of an outdoor swimming pool. 13. Conditions 5 and 6 are hereby deleted. 14. The conditional use permit shall be amended pursuant to Planning Case No. 95 -4 - CUP to permit construction of a swimming pool subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit I such documents incorporated by reference herein. b. The uses shall be limited to the hours of operation described in Exhibit J, Hours of Operation. 15. That all improvements modified by Condition No. 14 shall be completed by March 6, 1996. Adopted by the City Council March 6, 1995 ATTEST: ity er Reviewed for administration: 95-4-CUP:RES8 Ai 4.,,,,t, Approved as to form and execution: 1 1 i EXIBIT A Tract C, Registered Land Survey No. 1228, Files of Registrar of Titles, County of Hennepin (Torrens Certificate No. 468732) AND That tract of land lying and comnenclnFent iron aline pointain saidperpendicular llneodithe utanNorth lUtlUiUeTeetthe F.ietSouth th �2Nort1 weetSoutheant of1�onlclr oo Section 30, TSouhipthe 29nt Range. 211g South 1/2 of the Southeant Quarter in Rection 30, Township 29, Rnn►;e 21► and extended thence Southerly to the North line of Cedar Lake Roar contained within the following described parcel of land, to -wit: Rnnge 211; thence Fnst to Commencing at the Northwest corner of the South 1/2 of the Southeant QunrLer of Section 30, Township 29, Rangence 2s; thencey altng the Northeast corner thereof; thence South to the northerly line of the Creat. Northern Railroad right-of-way; line of the same to a point 872 feetls Northy 190afee'l;along tll:encel►Sol►Ll►wlerly esterlyine of parallellwtthgtheuNorth erlymlilne ofssaidyright-of-wnya793 1 8 Reed; thence at right angles making Northwesterly feet; thence Northwesterly making an angle to the right of 72 d `CTe�,eett2 thence tlleeet; leftt9Unce deplreeserly nnd noking an minl►tcs a g angle to the left of 56 degrees and no minutes a distance of 1711.9 along the tlortl►erlY and Fheterly line of said �llotance of 200 feet to the Northerly line of Cedar Inks Road1thence Soutl►weol.uriydalo►1glltheyNortl►erly line of said right-of-way to the gent road 293.68 feet to the northerly line of said right-of-way; li line of the Southeast Quarter; thence North to beginning; Except that part thereof described as follows: !lunge 211 described as follows: All that part of the Southeast. Quarter of the Southeant. Quarter of Section 30, Township 29, iin B : Commencing at the internection of the Easterly line of exioLing L'dalake Med lincich Ilan da66 rnilfoot right of ay nrip,ht of way nditthe enNoNof ortherly 872.0 fright tt r toy line of Great poi Northern nningoad; thence Northeasterly stoat; Northerly Lo the actual point of beginning of the tract odelrecstanda(')Ocminul�eo; thence parallel with.l.ng to the the TlnrtherJyleft line ofdegrees oaid rightofwaye0eadietancedistance of of 190 feet; thence deflecting Llw ce the right ctin 90u tau left 3l del:1eee and 03 minutes a tllutance or 11311.92 fteL, sio1C or lees, Lo u polo, n 1199.22hNorth feet, more or lees; east a deflecting distant 33.0 feet that from the Northeast corner the line of the Southeast Quarter of the Southeant Q1tat r of to the 30,t corner of oaid Southeast Quarter the corner thereof; thence Fast along,,said North line a distance of 33.0Borne 20 a idnSouth of hu feet more Boro thea, to the Quarter of Bection 30; thence Routh along the Eust line of Section 30, Township 29, , Northerly right of way line of the Great Northern Railroad; thence Southwesterly along said Northerly right of way line, a distance of 7511.09 feet to the actual point of beginning. (Tot rens Certificate No. 373178) CASE NO. 95 -4 -CUP .1 ffjfCITY OF ST. LOUIS PARK ('TORRENS 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 copyOFarapproving offthe original Resolution/%No. /�� a era hj %/�r N , and on file in the Office of the City Clerk. verly Lanagan, Cit Clerk (date) 5005 Minnetonka Boulevard St Louis Park, Minnesota 55416-2290 Phone. 612-924-2500 Fax: 612-924-2663 Printed on recycled paper