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HomeMy WebLinkAbout98- 161 - ADMIN Resolution - City Council - 1998/12/071 0 1 RESOLUTION NO. 98 161 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14.5-5.2D OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT CONSTRUCTION OF A MIXED-USE (COMMERCIAL/RESIDENTIAL) DEVELOPMENT FOR PROPERTY ZONED C-1 NEIGHBORHOOD COMMERCIAL DISTRICT LOCATED AT 5101 MINNETONKA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Helen Brooks (Park Land Company) has made application to the City Council for a Conditional Use Permit under Section 14:5-5.2D of the St. Louis Park Ordinance Code for the purpose of constructing a mixed-use (commercial/residential) development consisting of a four story building with the ground floor containing retail/service, residential above and an underground garage within a C-1 Neighborhood Commercial District located at 5101 Minnetonka Boulevard for the legal description as follows, to -wit. The East 235 feet of the North 233 feet of the West 250 feet of the following described premises, namely: the West 5/8 of the Northeast Quarter of the Northwest Quarter and the East 1/8 of the Northwest Quarter of the Northwest Quarter of Section 6, Township 28, Range 24, excepting that portion taken for road or highway purposes (Tonens) 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No 98 -37 -CUP) and the effect of the proposed mixed-use development on the heal_h, 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, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance 3 The Council has determined that the mixed-use development will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed mixed-use development is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan 4 The contents of Planning Case File 98 -37 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case 34 i Conclusion The Conditional Use Permit to permit t econstruction of a mixed -uses (commercial/residential) development consisting of a four story building with the ground floor containing retail/service, residential above and an underground garage at the location described is granted based on the findings set forth above and subject to the following conditions: 1. 'The site shall be developed, used and maintained in accordance with Exhibits A through L, Exhibit A to be revised as required by the Zoning Administrator, such documents incorporated by reference herein. 2. Prior to issuance of a building permit, which may impose additional requirements, the applicant shall: a. Work with staff t3 ensure that bufferyard requite ements are ?net along the south property line, and submit any revisions to Exhibit A, Landscape Plan, as required by the Zoning Administrator; b. Submit evidence of Watershed District approval and any other necessary permits from other agencies; c. Submit financial surety to cover at a minimum erosion control, tree replacement, utility/street repair and cleaning, work remaining on public utilities, and any new public sidewalks; d. Sign assent form and official exhibits (to be signed by owner as well). 3. Prior to receiving a Certificate of Occupancy, the developer shall submit as -built drawings of the relocated public utilities under Raleigh Avenue, which shall be approved by the Public Works Department Vacation of utility easement shall not take effect until new utilities are accepted by the Public Works Director. Adopted by the City Council December 7, 1998 Reviewed for Administration Attest Ci y Clerk 35 0 app( 3198749 OFFICE O'THE TICS TITLES iENNE COUNTY, F LED ON MINNESOTA CERTIFIED AUG 3 0 1999 LC -30 gedea, REGISTRAR F -rates BY DEPUTY I ft