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Home My WebLink About96-09 - ADMIN Resolution - City Council - 1996/01/16RESOLUTION NO. 96-09 A RESOLUTION RESCINDING RESOLUTION NO. 95-108 ADOPTED ON SEPTEMBER 5, 1995, AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9.B OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EXCVATION OF 81,000 CUBIC YARDS OF MATERIAL FOR THE PURPOSE OF DREDGING TWIN LAKES FOR PROEPRTY ZONED R-1, SINGLE FAMILY RESIDENCE DISTRICT AT 4750 WEST 26TH STREET FINDINGS WHEREAS, the City of St. Louis Park (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 to allow excavation of 81,000 cubic yards of material for the purpose of dredging TwinLakes at 4750 West 26th Street within a R-1 Single Family Residence District having the following legal description: See Attached Exhibit A - Legal Description WHEREAS, the City Council has considered the information related to Planning Case Nos. 95 -33 -CUP and 96 -1 -CUP and the effect of the proposed excavating of 81,000 cubuc yards of material 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. 95-108 of the St. Louis Park City Council dated September 5, 1995 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. 95-108 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 95 -33 -CUP and 96 -1 -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NOW THEREFORE BE IT RESOLVED that Resolution No. 95-108 filed as Document No.(resolution not filed) is hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to the subject property for the purposes of permitting excavation of 81,000 cubic yards of material for the purpose of dredging Twin Lakes within the R-1 Single Family Residence District at the location described above based on the following conditions: a. The property shall be graded and developed in accordance with Exhibit A - Site and Grading Plan. b. All necessary permits be granted prior to commencing any work 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. (Modified by Condition i) d. Haul routes shall be as follows: Twin Lakes Cedarwood Road - Parkwood Road - Highway 100 Frontage Road - Highway 100 Twin Lakes Pk West 26th Street - Highway 100 Frontage Road - 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. Entrance onto Twin Lakes for the purpose of hauling dredged material shall be from Cedarwood Road in a manner that minimizes the impact on residents and existing trees. g. An erosion control plan be submitted and approved prior to any excavation on the site. h. All trees removed from the site shall either be relocated or replaced in accordance with Section 14:4-11.2 of the Zoning Ordinance. The conditional use permit shall be amended pursuant to Planning Case No. 96 -1 - CUP to extend the hauling hours from 7:00 a.m. to Midnight Monday through Friday and 9:00 a.m. to midnight Saturday and Sunday effective January 28, 1996 until February 16, 1996. (Modifies Condition No. c) Speed limits relating to truck hauling activities shall be limited to 20 m.p.h. on local residential streets. l• ATTEST: Ci C er -.11.?j(r) Reviewed for administration: J ty Manager 96-1-CUP:RES8(ws6) Adopted by „City Council January 16, 1996 044 Mayor Approved as to form and execution: i2U2411(.61e.�ic� City Attorney i EXHIBIT A - LEGAL DESCRIPTION Parcel No. 8 Lots Y and W, Westridge. (Lot W - Certificate of Title No. 280835) and The East 450 feet of the South One-half of the Northwest Quarter (S 1/2 NW 1/4) of Section Thirty-one (31), Township Twenty-nine (29), Range Twenty-four (24) except the Westerly 233.58 feet of the Northerly 500 feet thereof, subject to easements over those portions deeded for street purposes. Party of the second part agrees that in the event the property is to be sold within twenty (20) years from the date of this instrument that it shall be first offered to party of the first part who shall be given first refusal relative to the resale of said property. and Reserve Lot A "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Southerly of and adjacent to the line between Reserve Lots A and B, said Addition, and same extended so that the Southerly line of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty-fifth Street. and Reserve Lot B "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Northerly of and adjacent to the line between Reserve Lots A and B said addition and the same extended so that the Northerly line of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty-fifth Street. CASE NO. 95 -33 -CUP and 96 -1 -CUP (Twin Lakes) 7254 -WENS 1CITY OF ST. LOUIS PARK ElTORRENTS 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 ��copy of the original Resolution No. 4at approving a 4tj a" and on file in the Office of the City Clerk. Beverly Fl- -gan Clerk (date) 5005 Minnetonka Boulevard St Louis Park, Minnesota 55416-2290 Phone. 612-924-2500 Fax: 612-924-2663 Printed on recycled paper RESOLUTION NO. 96-09 A RESOLUTION RESCINDING RESOLUTION NO. 95-108 ADOPTED ON SEPTEMBER 5, 1995, AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9.B OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EXCVATION OF 81,000 CUBIC YARDS OF MATERIAL FOR THE PURPOSE OF DREDGING TWIN LAKES FOR PROEPRTY ZONED R-1, SINGLE FAMILY RESIDENCE DISTRICT AT 4750 WEST 26TH STREET FINDINGS WHEREAS, the City of St. Louis Park (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 to allow excavation of 81,000 cubic yards of material for the purpose of dredging TwinLakes at 4750 West 26th Street within a R-1 Single Family Residence District having the following legal description: See Attached Exhibit A - Legal Description WHEREAS, the City Council has considered the information related to Planning Case Nos. 95 -33 -CUP and 96 -1 -CUP and the effect of the proposed excavating of 81,000 cubuc yards of material 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. 95-108 of the St. Louis Park City Council dated September 5, 1995 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. 95-108 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 95 -33 -CUP and 96 -1 -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. 95-108 filed as Document No.(resolution not filed) is hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to the subject property for the purposes of permitting excavation of 81,000 cubic yards of material for the purpose of dredging Twin Lakes within the R-1 Single Family Residence District at the location described above based on the following conditions: a. The property shall be graded and developed in accordance with Exhibit A - Site and Grading Plan. I C b. All necessary permits be granted prior to commencing any work 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. (Modified by Condition i) d. Haul routes shall be as follows: Twin Lakes Twin Lakes Pk Cedarwood Road - Parkwood Road - Highway 100 Frontage Road - Highway 100 West 26th Street - Highway 100 Frontage Road - 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. Entrance onto Twin Lakes for the purpose of hauling dredged material shall be from Cedarwood Road in a manner that minimizes the impact on residents and existing trees. g. An erosion control plan be submitted and approved prior to any excavation on the site. h. All trees removed from the site shall either be relocated or replaced in accordance with Section 14:4-11.2 of the Zoning Ordinance. i. The conditional use permit shall be amended pursuant to Planning Case No. 96 -1 - CUP to extend the hauling hours from 7:00 a.m. to Midnight Monday through Friday and 9:00 a.m. to midnight Saturday and Sunday effective January 28, 1996 until February 16, 1996. (Modifies Condition No. c) Speed limits relating to truck hauling activities shall be limited to 20 m.p.h. on local residential streets. Adopted by the City Council January 16, 1996 /s/ Gail Dorfman Mayor ATTEST: /s/ Beverly Flanagan City Clerk Reviewed for administration: Approved as to form and execution: /s/ Charles W. Meyer /s/ Suesan Lea Pace City Manager City Attorney 96-1-CUP:RES8(ws6) EXHIBIT A - LEGAL DESCRIPTION` Parcel No. 8 Lots Y and W, Westridge. (Lot W - Certificate of Title No. 280835) and The East 450 feet of the South One-half of the Northwest Quarter (S 0,NW 1/4) of Section Thirty-one (31), Township Twenty-nine (29), Range Twenty-four (24) except the Westerly 233.58 feet of the Northerly 500 feet thereof; subject to easements ov+ those those portions deeded for + Street purposes. Party of the second part agrees that in the event the property is to be sold within twenty (20) years from the date of this instrument that it shall be first offered to party of the first part who shall be given first refusal relative to the resale of said property. and Reserve Lot A "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Southerly of and adjacent to the line between Reserve Lots A and B, said Addition, and same extended so that the Southerly line of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty-fifth Street. and Reserve Lot B "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Northerly of and adjacent to the line between Reserve Lots A and B said addition and the same extended so that the Northerly line of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty-fifth Street. CASE NO. 95 -33 -CUP and 96 -1 -CUP (Twin Lakes) 7254-1:GEN5 6534016 2FEB96 8.33 A6534016 SCG 4.50 2FEB96 8.33 A6534016 COC $ 6 00 r"I E �fl'(C 1a 1 frff ,lel 1 1 1 j. �fl C77,,T —4^� Yid `1� .'1r ry c�r7 9u FEB -2 nil 8:;31} 6534016 • CO RESOLUTION NO. 96-09 A RESOLUTION RESCINDING RESOLUTION NO. 95-108 ADOPTED ON SEPTEMBER 5, 1995, AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9.B OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EXCVATION OF 81,000 CUBIC YARDS OF MATERIAL FOR THE PURPOSE OF DREDGING TWIN LAKES FOR PROEPRTY ZONED R-1, SINGLE FAMILY RESIDENCE DISTRICT AT 4750 WEST 26TH STREET FINDINGS WHEREAS, the City of St. Louis Park (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 to allow excavation of 81,000 cubic yards of material for the purpose of dredging TwinLakes at 4750 West 26th Street within a R-1 Single Family Residence District having the following legal description: See Attached Exhibit A - Legal Description WHEREAS, the City Council has considered the information related to Planning Case Nos. 95 -33 -CUP and 96 -1 -CUP and the effect of the proposed excavating of 81,000 cubuc yards of material 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. 95-108 of the St. Louis Park City Council dated September 5, 1995 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. 95-108 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 95 -33 -CUP and 96 -1 -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. 95-108 filed as Document No.(resolution not filed) is hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to the subject property for the purposes of permitting excavation of 81,000 cubic yards of material for the purpose of dredging Twin Lakes within the R-1 Single Family Residence District at the location described above based on the following conditions: a. The property shall be graded and developed in accordance with Exhibit A - Site and Grading Plan. b. All necessary permits be granted prior to commencing any work 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. (Modified by Condition i) d. Haul routes shall be as follows: Twin Lakes Twin Lakes Pk Cedarwood Road - Parkwood Road - Highway 100 Frontage Road - Highway 100 West 26th Street - Highway 100 Frontage Road - 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. Entrance onto Twin Lakes for the purpose of hauling dredged material shall be from Cedarwood Road in a manner that minimizes the impact on residents and existing trees. g. An erosion control plan be submitted and approved prior to any excavation on the site. h. All trees removed from the site shall either be relocated or replaced in accordance with Section 14:4-11.2 of the Zoning Ordinance. i. The conditional use permit shall be amended pursuant to Planning Case No. 96 -1 - CUP to extend the hauling hours from 7:00 a.m. to Midnight Monday through Friday and 9:00 a.m. to midnight Saturday and Sunday effective January 28, 1996 until February 16, 1996. (Modifies Condition No. c) Speed limits relating to truck hauling activities shall be limited to 20 m.p.h. on local residential streets. Adopted by the City Council January 16, 1996 /=/ Gail Dorfmar. Mayor ATTEST: /s/ Beverly Flanagan City Clerk Reviewed for administration: Approved as to form and execution: /s/ Charles W. Meyer /s/ Suesan Lea Pace City Manager City Attorney 96-1-CUP:RES8(ws6) EXHIBIT A - LEGAL DESCRIPTION Parcel No. 8 Lots Y and W, Westridge. (Lot W - Certificate of Title No. 280835) and The East 450 feet of the South One-half of the Northwest Quarter (S 1/2 NW 1/4) of Section Thirty-one (31), Township Twenty-nine (29), Range Twenty-four (24) except the Westerly 233.58 feet of the Northerly 500 feet thereof; subject to easements over those portions deeded for street purposes. Party of the second part agrees that in the event the property is to be sold within twenty (20) years from the date of this instrument that it shall be first offered to party of the first part who shall be given first refusal relative to the resale of said property. and Reserve Lot A "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Southerly of and adjacent to the line between Reserve Lots A and B, said Addition, and same extended so that the Southerly line of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty-fifth Street. and Reserve Lot B "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles :n pnd for Hennepin County, l innesota. For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying, Northerly of and adjacent to the line between Reserve Lots A and B said addition and the same extended so that the Northerly line of said strip shall meet the Westerly line of said Addition, and the Westerly end of Twenty-fifth Street. CASE NO. 95 -33 -CUP and 96 -1 -CUP (twin Lakes) 72341 GENS 1,1 .2615453 REGISTERED VOL L . 3 7g / REGIS i ERED VO 1 P // REGISTERED VV`+ COPY OFFICE OF THE REGISTRAR OF TITLES OHENNEPIN COUNTY, MINP4ESOTA CERTIFIED FILED ON fa 5 cte REGISTRAR ISS eko � r cls , DEPUTY cejvnceS rr►,', riCC!I!1T !d.i�NL�( iR " H CEP r 'Er; D._ ED ...NO ORPE1,CRELD GM 96 FEB -2 AM 8: 34 (71 491.,A o rs°cate Tiling CITY OF 6534016 ST. LOUIS ils-i ARK (J TORRENS to Registrar of Titles ]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: The attached is a true and correct copy of the original Resolution No. �6-4109/? approving a C' „ �LILYIe and on file in the Office of the City Clerk. Beverly Fl. agan, 'r y Clerk (date) TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES FEB 2 1996 5005 Minnetonka Boulevard St Louis Park, Minnesota 55416-2290 Phone: 612-924-2500 Fax. 612-924-2663 Printed on recycled paper