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HomeMy WebLinkAbout02-078 - ADMIN Resolution - City Council - 2002/08/05RESOLUTION NO. 02-078 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-243(d)(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT OFFICE USE AS 50% OR MORE OF GROSS FLOOR AREA FOR PROPERTY ZONED I -P INDUSTRIAL PARK DISTRICT LOCATED AT 5605 36TH STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1 ASK Properties (St Louis Park VFW #5632) has made application to the City Council for a Conditional Use Permit under Section 36-243(d)(2) of the St. Louis Park Ordinance Code for the purpose of permitting office use as 50% or more of gross floor area within the I -P Industnal Park District located at 5605 36`h Street West for the legal descnption as follows, to -wit. Lots 6 to 13 inclusive, Block 46, Rearrangement of St. Louis Park, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. Subject to a roadway easement in favor of the City of St Louis Park over the North 22 feet thereof. Together with: Lots 4 and 5, Block 46, St Louis Park, accorded to the recorded plat thereof, Lot 4 subject to roadway easement in favor of the City of St. Louis Park over the North 25 feet thereof. Lot 5 subject to a roadway easement in favor of the City of St. Louis Park over the North 22 feet thereof. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No 02 -33 -CUP) and the effect of the proposed office use 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 office use will not be detnmental to the health, safety, or general welfare of the community nor will it cause senous traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed office use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4 The contents of Planning Case File No 02 -33 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion The Conditional Use Permit to permit office use as 50% or more of the gross floor area at the location descnbed is granted based on the findings set forth above and subject to the following conditions Resolution No 02-078 -2- 1 The site shall be developed, used, and maintained in accordance with the official exhibits, which shall be revised to meet the following conditions: a. Eliminate parking on the east side of the building unless proof of ownership is submitted or formal approval to use the spaces for parking is obtained. b. Landscape plans as approved by the Zoning Administrator. c. Re-stnpe the lot to add 10 stalls in the west lot. d Include elevation plans which comply with section 36-366(b)(6)b. 2. Prior to issuance of required building, plumbing, electncal and any other required permits, which may impose additional conditions, the landscape plan must be approved by the Zoning Administrator and assent form and official exhibits must be signed by the applicant and owner. 3. Pnor to issuance of a Certificate of Occupancy for any office use, the VFW must discontinue use of the upper floor of the building and the following improvements must be complete: a The building must meet exterior surface matenals as specified in section 36- 366(b)(6)b. b. The billboard must be removed. c. The landscape plan and any other required site improvements must be implemented, or a letter of credit submitted to cover 125% of the cost of the remaining improvements to be completed, within one year. d. Closure of the northwest access off of West 36th Street, closest to Xenwood Avenue. e. The parking lot must be re -striped in accordance with the approved plan. f. Interior improvements in accordance with permit approval. 4. Prior to installation of any new signs the applicant shall obtain sign permits. 5. Within 15 years of the date of the CUP approval, the VFW must discontinue use of the property and the lower level of the building shall be converted to a use that is in compliance with all aspects of the Zoning Ordinance. 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 Attest: C y Clerk by the City Council August 5, 2002 ) RESOLUTION NO. 02-078 OFTIC^ Or r„ ' HENUEI'IP r,3tJ T` `rlriNES07A -{;1i = `'LED "P; C h2 SEP 30 AM 8: 31 7825946 co P,, `__CFPUTY COPY A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-243(d)(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT OFFICE USE AS 50% OR MORE OF GROSS FLOOR AREA FOR PROPERTY ZONED I -P INDUSTRIAL PARK DISTRICT LOCATED AT 5605 36'$ STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. ASK Properties (St. Louis Park VFW #5632) has made application to the City Council for a Conditional Use Permit under Section 36-243(d)(2) of the St. Louis Park Ordinance Code for the purpose of permitting office use as 50% or more of gross floor area within the I -P Industrial Park District located at 5605 36th Street West for the legal descnption as follows, to -wit: Lots 6 to 13 inclusive, Block 46, Rearrangement of St. Louis Park, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. Subject to a roadway easement in favor of the City of St. Louis Park over the North 22 feet thereof. Together with: Lots 4 and 5, Block 46, St. Louis Park, accorded to the recorded plat thereof, Lot 4 subject to roadway easement in favor of the City of St. Louis Park over the North 25 feet thereof. Lot 5 subject to a roadway easement in favor of the City of St. Louis Park over the North 22 feet thereof • Resolution No 02-078 -2- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 02 -33 -CUP) and the effect of the proposed office use 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 office use will not be detrimental to the health, safety, or general welfare of the community nor will it cause senous traffic congestion nor hazards, nor will it senously depreciate surrounding property values, and the proposed office use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File No. 02 -33 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion The Conditional Use Permit to permit office use as 50% or more of the gross floor area at the location descnbed 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 the official exhibits, III which shall be revised to meet the following conditions: a Eliminate parking on the east side of the building unless proof of ownership is submitted or formal approval to use the spaces for parking is obtained. b. Landscape plans as approved by the Zoning Administrator. c. Re-stnpe the lot to add 10 stalls in the west lot. d. Include elevation plans which comply with section 36-366(b)(6)b. 2. Pnor to issuance of required building, plumbing, electrical and any other required permits, which may impose additional conditions, the landscape plan must be approved by the Zoning Administrator and assent form and official exhibits must be signed by the applicant and owner. 3 Pnor to issuance of a Certificate of Occupancy for any office use, the VFW must discontinue use of the upper floor of the building and the following improvements must be complete: a. The building must meet exterior surface materials as specified in section 36- 366(b)(6)b. b. The billboard must be removed. c. The landscape plan and any other required site improvements must be implemented, or a letter of credit submitted to cover 125% of the cost of the remaining improvements to be completed, within one year. d. Closure of the northwest access off of West 36th Street, closest to Xenwood Avenue e. The parking lot must be re -striped in accordance with the approved plan. • 4. f. Intenor improvements in accordance with permit approval. Pnor to installation of any new signs the applicant shall obtain sign permits. Resolution No. 02-078 -3- 0 5. Within 15 years of the date of the CUP approval, the VFW must discontinue use of the property and the lower level of the building shall be converted to a use that is in compliance with all aspects of the Zoning Ordinance. 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. Adopted by the City Council August 5, 2002 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) 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 onginal Resolution No. 02-078 adopted at the St. Louis Park City Council meeting held on August 5, 2002. WITNESS my hand and the Seal of the City of St. Louis Park this 20th day of September, 2002. Nancy ,,'Deputy City Clerk • • m 2 H r m m Z 11-1 m ® 37 m C) -i* z - I moo Fri 0 m I-‘ ` -1 N.) m v) • U N Z - o MZ O U m m n m 0 -n -I m m G) (1) -1 7J 3&15ZS1 RESOLUTION NO. 02-078 COPY COPY A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-243(d)(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT OFFICE USE AS 50% OR MORE OF GROSS FLOOR AREA FOR PROPERTY ZONED I -P INDUSTRIAL PARK DISTRICT LOCATED AT 5605 36TH STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1 ASK Properties (St Louis Park VFW #5632) has made application to the City Council for a Conditional Use Permit under Section 36-243(d)(2) of the St. Louis Park Ordinance Code for the purpose of permitting office use as 50% 01 more of gross floor area within the I -P Industrial Park Distnct located at 5605 36th Street West for the legal description as follows, to -wit: Lots 6 to 13 inclusive, Block 46, Rearrangement of St. Louis Park, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. Subject to a roadway easement in favor of the City of St. Louis Park over the North 22 feet thereof Together with: Lots 4 and 5, Block 46, St. Louis Park, accorded to the recorded plat thereof, Lot 4 subject to roadway easement in favor of the City of St. Louis Park over the North 25 feet thereof. Lot 5 subject to a roadway easement in favor of the City of St Louis Park over the North 22 feet thereof. • Resolution No 02-078 -2- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 02 -33 -CUP) and the effect of the proposed office use 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 office use 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 office use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4 The contents of Planning Case File No. 02 -33 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion The Conditional Use Permit to permit office use as 50% or more of the gross floor area 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 the official exhibits, • which shall be revised to meet the following conditions: a Eliminate parking on the east side of the building unless proof of ownership is submitted or formal approval to use the spaces for parking is obtained. b. Landscape plans as approved by the Zoning Administrator. c. Re -stripe the lot to add 10 stalls in the west lot. d. Include elevation plans which comply with section 36-366(b)(6)b. 2. Prior to issuance of required building, plumbing, electrical and any other required permits, which may impose additional conditions, the landscape plan must be approved by the Zoning Administrator and assent form and official exhibits must be signed by the applicant and owner 3 Prior to issuance of a Certificate of Occupancy for any office use, the VFW must discontinue use of the upper floor of the building and the following improvements must be complete. a The building must meet exterior surface materials as specified in section 36- 366(b)(6)b. b. The billboard must be removed. c. The landscape plan and any other required site improvements must be implemented, or a letter of credit submitted to cover 125% of the cost of the remaining improvements to be completed, within one year. d. Closure of the northwest access off of West 36`h Street, closest to Xenwood Avenue. e. The parking lot must be re -stuped in accordance with the approved plan. • 4. f. Interior improvements in accordance with permit approval. Pnor to installation of any new signs the applicant shall obtain sign permits. Resolution No 02-078 -3- 5 Within 15 years of the date of the CUP approval, the VFW must discontinue use of the property and the lower level of the building shall be converted to a use that is in compliance with all aspects of the Zomng Ordinance. 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. Adopted by the City Council August 5, 2002 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the onginal Resolution No 02-078 adopted at the St. Louis Park City Council meeting held on August 5, 2002 WITNESS my hand and the Seal of the City of St. Louis Park this 20th day of September, 2002 thia D. Reichert, City Clerk