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Home My WebLink About95-90 - ADMIN Resolution - City Council - 1995/07/05RESOLUTION NO. 95-90 A RESOLUTION RESCINDING RESOLUTION NO. 94-80 ADOPTED ON JULY 5, 1994 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:5-5.3(D)(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW MOTOR VEHICLE LEASING WITH ADDITIONAL OVERNIGHT PARKING FOR RENTAL CARS FOR PROPERTY ZONED C-2 COMMERCIAL LOCATED AT 6801 WAYZATA BOULEVARD FINDINGS WHEREAS, Ralph N. Bearman, Charlotte Bearman and Barry Swiler (Glass I Partners and Enterprise Rent-A-Car) has made application to the City Council for a conditional use permit under Section 14:5-5.3(D)(2) of the St. Louis Park Ordinance Code to allow a time extension for the installation of required landscape materials and bufferyard at 6901 Wayzata Boulevard within a C-2 Commercial District having the following legal description: EXHIBIT A - LEGAL DESCRIPTION WHEREAS, the City Council has considered the information related to Planning Case Nos. 94 -24 -CUP and 95 -25 -CUP and the effect of the proposed time extension 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. 94-80 of the St. Louis Park City Council dated July 5, 1994 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. 94-80 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 Files 94 -24 -CUP and 95 -25 -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 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 94-80 filed as Document No. 523767 is hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to the subject property for the purposes of allowing a time extension for the installation of required bufferyards within the C-2 Commercial District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A - Landscape plan, such documents incorporated by reference herein. /Pts 9s-90 2. No rental vehicles shall be parked overnight or during a weekend in the parking lot south of the building. 3. The conditional use permit shall be amended pursuant to Planning Case No. 95 -25 - CUP to permit a time extension for the installation of required bufferyards subject to the following conditions: a. All required bufferyards be installed by October 31, 1995 in accordance with the approved landscape plan. b. Surety in the form of a cashier's check payable to the City or a letter of credit issued to the City in an amount equal to 125% of the estimated cost for installation of Exhibit A, Landscape Plan. Surety may be released following installation of all of the landscaping. If landscaping is not installed by October 31, 1995, the City may use the surety to install the required bufferyards in accordance with an approved landscape plan. ATTEST: Reviewed for administration: 95-25-CUP:RES8 Adopted by the City Council July 5, 1995 Approved as to form and execution: Aktlie.e.- City to ney r EXHIBIT A -- LEGAL DESCRIPTION Par 1: Lot 8. "Richmond" n V no II (CV �`& jF I A 1 n u ' . Subject to building restrictions and-sastel dPiag q eUwhtCh� ads as follows: When said premises are improved it shall be by the erection of a dwelling of trai i ssA\ obm&. same to have,sbiagle roofing. drop siding and to be plastered and painted or said building may be of brick. 8meiM et'at_'one const oxxr8,ni1o[haLxpremises are not to be used for the conducting of a liquor business nor for immoral purposes"; INS '„ Subject to minerals and mineral rights reserved, e to of Minnesota; Par 2: Lot 6. "Richmond' Subject to minerals and mineral rights reserved by the State of Minnesota; ar 3: Lots 1. 2 and 3 except highway. "Richmond" That each of the following Lots and part of Lots is subjbct to building restrictions and restrictions relating to usa which reads as follows: That said premises are not to be used for the conducting of a liquor business nor for immoral purposes. That said Lots and part of Lots subject to said restrictions are situated in said Addition and are described as follows to -wit: Lot 1 except highway. Lot 2 except highway. Lot 3 except highway Subject to minerals and mineral rights reserved by the State of Minnesota; Par 4: Lots 4 and 5 except parts of said Lots taken for state highway. "Richmond" Subject to the restrictions on Lot 4 contained in a Deed recorded in CR Book 1087 of Deeds at page 463. but free from that portion of the restrictions which reads as follows: "When said premises are improved it shall be by the erection of a duelling of not less than five rooms. same to have shingle roofing. drop siding and to be plastered and painted or said duelling may be of brick. cement or stone construction"; Subject to the, restrictions on Lot 5 contained in a deed recorded in CR Book 852 of Deeds at page 322. but free from that portion of the restrictions which reads as follows: "No duelling shall at any time be placed thereon with leas than five rooms. shingle roofing. drop siding . plastered and painted or of brick. cement of stone"; (Torrens) Case NO. 95 -25 -CUP CITY OF ST. Lours PARK ITORRENS to Registrar of Titles ❑ ABSTRACT to County Recorder STATE OF MINNESOTA ) COUNTY OF HENNEPIN SPIN ) 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 luti4la i 9r4a , approving a and on file in the Office of the City lerk. Beverly Lanagan, City lerk (date) 5005 Minnetonka Boulevard St Louis Park, Minnesota 55416-2290 Phone 612-924-2500 Fax 612-924-2170 Printed on recycled paper RESOLUTION NO. 95-90 A RESOLUTION RESCINDING RESOLUTION NO. 94-80 ADOPTED ON JULY 5, 1994 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:5-5.3(D)(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW MOTOR VEHICLE LEASING WITH ADDITIONAL OVERNIGHT PARKING FOR RENTAL CARS FOR PROPERTY ZONED C-2 COMMERCIAL LOCATED AT 6801 WAYZATA BOULEVARD FINDINGS WHEREAS, Ralph N. Bearman, Charlotte Bearman and Barry Swiler (Glass I Partners and Enterprise Rent-A-Car) has made application to the City Council for a conditional use permit under Section 14:5-5.3(D)(2) of the St. Louis Park Ordinance Code to allow a time extension for the installation of required landscape materials and bufferyard at 6901 Wayzata Boulevard within a C-2 Commercial District having the following legal description: EXHIBIT A - LEGAL DESCRIPTION WHEREAS, the City Council has considered the information related to Planning Case Nos. 94 -24 -CUP and 95 -25 -CUP and the effect of the proposed time extension 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. 94-80 of the St. Louis Park City Council dated July 5, 1994 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. 94-80 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 Files 94 -24 -CUP and 95 -25 -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. 94-80 filed as Document No. 523767 is hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to the subject property for the purposes of allowing a time extension for the installation of required bufferyards within the C-2 Commercial District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A - Landscape plan, such documents incorporated by reference herein. 2. No rental vehicles shall be parked overnight or during a weekend in the parking lot south of the building. 3. The conditional use permit shall be amended pursuant to Planning Case No. 95 -25 - CUP to permit a time extension for the installation of required bufferyards subject to the following conditions: a. All required bufferyards be installed by October 31, 1995 in accordance with the approved landscape plan. b. Surety in the form of a cashier's check payable to the City or a letter of credit issued to the City in an amount equal to 125% of the estimated cost for installation of Exhibit A, Landscape Plan. Surety may be released following installation of all of the landscaping. If landscaping is not installed by October 31, 1995, the City may use the surety to install the required bufferyards in accordance with an approved landscape plan. ATTEST: /s/ Beverly Flanagan City Clerk Reviewed for administration: /s/ Charles W. Meyer City Manager 95-25-CUP:RES8 Adopted by the City Council July 5, 1995 /s/ Lyle W. Hanks Mayor Approved as to form and execution: /s/ Suesan Lea Pace City Attorney EXHIBIT A -- LEGAL DESCRIPTION 7 r Par 1: Lot 8. "Richmond" r , t° Q� 1 ,K\ 1� Subject to building restrictions an estfi'q�dl tug Coq a ich reads as follows: When said premises are improved it shall be by the erection of a duelling of ."ich6,n� fro, same to have -Rbfagle roofing, drop siding and to be plastered and painted or said building may be of brick, 4.fteaa oe stone const cr,j;ogr nd\that-premises are not to be used for the conducting of a liquor business nor for immoral purposes"; ^ rr roll.' lU lk u i4y1L '��}� �'�t� Subject to minerals and mineral rights reserved,V ete of Minnesota; Par 2: Lot 6, "Richmond" Subject to minerals and mineral rights reserved by the State of Minnesota; Par 3: Lots 1, 2 and 3 except highway, "Richmond" That each of the following Lots and part of Lots is subject to building restrictions and restrictions relating to use which cads as follows: That said premises are not to be used for the conducting of a liquor business nor for immoral purposes. That said Lots and part of Lots subject to said restrictions are situated in said Addition and are described as follows to -wit: Lot 1 except highway, Lot 2 except highway, Lot 3 except highway Subject to minerals and mineral rights reserved by the State of Minnesota; Par 4: Lots 4 and 5 except parts of said Lots taken for state highway, "Richmond" Subject to the restrictions on Lot 4 contained in a Deed recorded in CR Book 1087 of Deeds at page 463, but free from that portion of the restrictions which reads as follows: "When said premises are improved it shall be by the erection of a dwelling of not less than five rooms, same to have shingle roofing, drop siding and to be plastered and painted or said dwelling may be of brick, cement or stone construction"; Subject to the restrictions on Lot 5 contaifled in a deed recorded in CR Book 852 of Deeds at page 322, but free from that portion of the restrictions which reads as follows: "Nb dwelling shall at any time be placed thereon with less than five rooms, shingle roofing. drop siding , plaacered and painted or of brick. cement or stone"; (Torrens) Case NO. 95 -25 -CUP 646821 / .kEGISTE VOL PAS REGIS RED VOL Q11,1-6 '; E b 114,1-2 24448z1 OFFICE OF TI -IE RFGIRTRAR 0' 7iTLc HENNEr'iN COUNT'? ,IiNNi SOTA CEPT$FiED FILED ON OCT 24 1995 2 iv REGISTRAR OF TITLES DEPUTY M a1 u1 J( 5