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HomeMy WebLinkAbout01-034 - ADMIN Resolution - City Council - 2001/04/16RESOLUTION NO. 01-034 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT CONSTRUCTION OF TWO SINGLE-FAMILY HOMES AND AN UNDERGROUND STORM WATER HOLDING TANK FOR PROPERTY ZONED R2, SINGLE FAMILY RESIDENCE DISTRICT LOCATED AT 2839 AND 2843 TOLEDO AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Marshall R Kieffer has made application to the City Council for a Conditional Use Permit undei Section 14 4-9 of the St. Louis Park Ordinance Code for the purpose of constructing two single-family homes and an underground storm water holding pond within a R2 Single Family Residence District located at 2839 and 2843 Toledo Avenue South for the legal description as follows, to -wit Lot 14, Block, 2 Latham's Minnetonka Boulevard Tract And Lot 15, Block 2, Latham's Minnetonka Boulevard Tract together with r/ of the vacated aliey accruing thereto by reason of the vacation thereof (Abstract) The City Council has considered the advice and recommendation of the Planning Commission (Case No. 01 -04 -CUP) and the effect of the proposed single family homes and holding pond 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, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Oidinance 3 The Council has determined that the proposed single family homes and an underground holding pond will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious tiaffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed single family homes and holding pond are in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 01 -04 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 01-034 -2- Conclusion The Conditional Use Permit to permit construction of two single family homes and an underground holding pond 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 Exhibit "A" Site Plan 2. Prior to the execution of a development agreement and maintenance agreement between the applicant and the city, the applicant shall meet the following conditions a. Submit final storm water calculations and details regarding the pump and controls of the pond for approval by Public Works. b Submit structural plans of the retaining wall for approval by the Building Official. c. Submit construction easements and cross access easements/agreements for approval by the City Attorney. 3. Prior to site work, the applicant shall meet the following conditions: a Sign the assent form and exhibits. b. Obtain an Erosion Control Permit c Execute a development agreement and maintenance agreement with the city that shall address at a minimum: i. The applicant and future lot owners will maintain general liability insurance in an amount and in a form approved by the City Attorney which will include coverage for potential water damage to third parties. ii. Cross easements covering the two lots, approved by the City Attorney, relating to the construction, maintenance and access to the facility. 111. The applicant and any subsequent lot owners will indemnify and hold the City harmless for any claims by third parties relating to the installation, maintenance, and operation of the facility. iv The applicant and any subsequent lot owners have a duty to properly maintain the facility. Resolution No. 01-034 -3- v The City would have the right in its sole discretion to take whatever steps are necessary to maintain the facility if the lot owners fail to do so The City would bill the lot owners for the cost, reasonable City supervision and administrative expenses and interest on the unpaid balance at the highest interest rate permitted by law. If unpaid, the amount would be assessed equally against the two lots, and be payable in the full with the next year's property taxes. vi. Construction truck routes would be specified and hours of hauling limited to 7:00 a.m. to 6:00 p m Monday - Friday and 9:00 a m. to 6.00 p.m. weekends and holidays. vii. Adequate financial guarantees would be provided to cover street cleanup and the cost of reasonable restoration of the property if the applicant does not complete the project. viii. The maintenance agreement shall require regular maintenance by a third party and means for the third party to receive immediate notification in the event of a system failure. d Submit financial surety for repair and cleaning of the public street. 4. Prior to beginning construction of the retaining structures and future homes, the applicant or future homeowners shall obtain the necessary building permits, which may impose additional conditions. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: City Manager Attest. ty Clerk Adopted Mayor/ r y the City Council April 16, 2001 01 -04-CU P/N/res/ord ,. RESOLUTION NO. 01-034 ', 111!11 i Fr Cr) -,u R rD_ r,!f' r ", CC U!i i Y, 1,111N1 SO i „ .1 ,r f. 01 JUN 19 AN 9: 58 DOLW,al r 07490918 y✓ -- co REC. A)FPl1TY copv A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT CONSTRUCTION OF TWO SINGLE-FAMILY HOMES AND AN UNDERGROUND STORM WATER HOLDING TANK FOR PROPERTY ZONED R2, SINGLE FAMILY RESIDENCE DISTRICT LOCATED AT 2839 AND 2843 TOLEDO AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Marshall R. Kieffer -has made application to the City Council for a Conditional Use Permit under Section 14:4-9 of the St. Louis Park Ordinance Code for the purpose of constructing two single-farmly homes and an underground storm water holding pond within a R2 Single Family Residence Distnct located at 2839 and 2843 Toledo Avenue South for the legal description as follows, to -wit: 2. Lot 14, Block, 2 Latham's Minnetonka Boulevard Tract And Lot 15, Block 2, Latham's Minnetonka Boulevard Tract together with 1/2 of the vacated alley accruing thereto by reason of the vacation thereof. (Abstract) 0 Resolution No. 01-034 -2- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 01 -04 -CUP) and the effect of the proposed single family homes and holding pond 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, 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 proposed single family homes and an underground holding pond 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 single family homes and holding pond are in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 01 -04 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit construction of two single family homes and an underground holding pond 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 Exhibit "A" Site Plan 2. Pnor to the execution of a development agreement and maintenance agreement between the applicant and the city, the applicant shall meet the following conditions: a. Submit final storm water calculations and details regarding the pump and controls of the pond for approval by Public Works. b. Submit structural plans of the retaining wall for approval by the Building Official. c. Submit construction easements and cross access easements/agreements for approval by the City Attorney. 3. Prior to site work, the applicant shall meet the following conditions: a. Sign the assent form and exhibits. b. Obtain an Erosion Control Permit. c. Execute a development agreement and maintenance agreement with the city that shall address at a minimum: • • Resolution No. 01-034 -3- i. The applicant and future lot owners will maintain general liability insurance in an amount and in a form approved by the City Attorney which will include coverage for potential water damage to third parties. 11. Cross easements covering the two lots, approved by the City Attorney, relating to the construction, maintenance and access to the facility. iii. The applicant and any subsequent lot owners will indemnify and hold the City harmless for any claims by third parties relating to the installation, maintenance, and operation of the facility. iv. The applicant and any subsequent lot owners have a duty to properly maintain the facility. v. The City would have the right in its sole discretion to take whatever steps are necessary to maintain the facility if the lot owners fail to do so. The City would bill the lot owners for the cost, reasonable City supervision and administrative expenses and interest on the unpaid balance at the highest interest rate permitted by law. If unpaid, the amount would be assessed equally against the two lots, and be payable in the full with the next year's property taxes. vi. Construction truck routes would be specified and hours of hauling limited to 7:00 a.m to 6:00 p.m. Monday - Friday and 9:00 a.m. to 6:00 p.m. weekends and holidays. vii. Adequate financial guarantees would be provided to cover street cleanup and the cost of reasonable restoration of the property if the applicant does not complete the project. viii. The maintenance agreement shall require regular maintenance by a third party and means for the third party to receive immediate notification in the event of a system failure. d. Submit financial surety for repair and cleaning of the public street. 4. Prior to beginning construction of the retaining structures and future homes, the applicant or future homeowners shall obtain the necessary building permits, which may impose additional conditions. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. • Resolution No. 01-034 -4- STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST. LOUIS PARK ) ) ss ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 01-034 adopted at the St. Louis Park City Council meeting held on April 16, 2001. WITNESS my hand and the Seal of the City of St. Louis Park this 31st day of May, 2001. Nancy J. Stro , Deputy City Clerk