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Home My WebLink About02-083 - ADMIN Resolution - City Council - 2002/08/19RESOLUTION NO. 02-083 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 94-82 ADOPTED ON JULY 5,1994, GRANTING AMENDMENT TO AN EXISTING SPECIAL PERMIT UNDER SECTION 36-36 (d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT MODIFICATIONS TO EXTERIOR MATERIALS AND EXHIBITS FOR ACCESSORY STRUCTURE FOR PROPERTY ZONED R-4 MULTIPLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 4400-4654 CEDAR LAKE ROAD Amends and Restates Resolution Nos. 4327 and 94-82 FINDINGS WHEREAS, Cedar Trails Condominium Association (Park Midwest, LLC) has made application to the City Council for an amendment to an existing special permit under Section 36- 36(d)(4) of the St. Louis Park Ordinance Code to allow modifications to approved building matenals for accessory structures, elimination of a community building, and modifications to a pool building at 4400-4654 Cedar Lake Road within a R-4 Multiple Family Residential Distnct having the following legal descnption: Parcel 1. Tract A, Registered Land Survey No. 1228, Files of Registrar of Titles, County of Hennepin That part of the south half of the southeast quarter of Section 30, Township 29, Range 24, described as commencing at the Southeasterly corner of Tract D, Registered Land Survey No. 1228, Files of the Registrar of Titles, County of Hennepin; thence Northeasterly along the Northwesterly nght-of-way line of the Great Northern Railway Company a distance of 872 feet; thence Northwesterly, at a right angle, 190 feet; thence Southwesterly at a nght angle, 793.08 feet to the point of beginning; thence Northwesterly, deflecting to the nght 72 degrees; 42 minutes, a distance of 162 4 feet; thence Westerly, deflecting to the left, 56 degrees a distance of 174.9 feet; thence Southerly at a nght angle, 171.98 feet to the Southeast corner of Tract C, Registered Land Survey No. 1228; thence Easterly to the point of beginning, except the Southeasterly 60 feet of the above descnbed tract; as measured at nght angles to the Southerly boundary line thereof, according to the Government Survey thereof. Subject to a temporary snow fence easement in favor of the County of Hennepin as shown by instrument of record in Book 1984 of Deeds, page 441, Doc. No 2852159; Subject to a nght of the County of Hennepin to construct a slope upon that portion of the premises lying within a distance of 28 feet Northerly of State Aid Road No. 16 as descnbed in instrument of record in Book 1984 of Deeds, page 441, Doc. No. 2852159; Resolution No. 02-083 -2- Subject to an easement in favor of the City of St. Louis Park for drainage and storm sewer as shown by instrument recorded in Book 2588 of Deeds, page 10, Doc. No. 3656860, as to that part of the premises lying easterly of a line drawn South perpendicular to the North line of the south half of the Southeast Quarter of Section 30, Township 29, Range 24, from a point in said North line 1030 feet East of the Northwest corner of said South half of the Southeast Quarter; Together with an easement over part of the Southeast Quarter of Section 30, Township 29, Range 24 and Tract C, Registered Land Survey No 1228 for ingress, egress and utility purposes as shown in deed Doc. No. 1017383, Files of Registrar of Titles; Parcel 2: A.C. Kayll all interest in the following described land: That part of the South '/s of the Southeast Quarter of Section 30, Township 29 North, Range 24 West, lying North of the center line of Cedar Lake Road and West of a line drawn Southerly from and perpendicular to the North line of said South '/ of the Southeast Quarter from a point in said North line distant 664 feet East of the Northwest corner of said South l of the Southeast Quarter except the North 200 feet of the West 253 feet (Torrens) WHEREAS, the City Council has considered the information related to Planning Cases Nos. 71 -28 -SP, 94 -27 -CUP and 02 -45 -CUP and the effect of the proposed modifications to accessory structures 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 compliance with the intent of the Zoning Ordinance; and WHEREAS, a special permit was issued regarding the subject property pursuant to Resolution Nos. 4327 of the St. Louis Park City Council dated August 30, 1971 which contained conditions applicable to said property; and WHEREAS, an amendment to the existing special permit was issued regarding the subject property pursuant to Resolution No. 94-82 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 special use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 4327 and amended by 94-82 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 File 02 -45 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Resolution No. 02-083 -3- CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No 4327 is hereby restated and amended by this resolution which continues and amends an existing special use permit to the subject property for the purposes of permitting modifications to accessory structures within a 280 -unit multi -family development within the R-4 Multiple Family Residential Distnct at the location descnbed above based on the following conditions: 1. The site be developed, used and maintained in accordance with Exhibit "A" "A", Site plan, Exhibit "B" "B", Dimension Plan, Exhibit "C" "C" Landscape Plan; Exhibit "D" "D" Building Elevation Plan; Exhibit "E" "E", Topographic Features Section Plan, Exhibit "F" "F" Rendering, and "Exhibit "G" "G" Drainage and Utility Plan, except as modified by any of the following conditions. 2 Dnveway edges, planting islands, and exterior edges of all parking lots, except at retaining walls and garages, shall have a 6 inch high concrete curb to control drainage and retain vehicles within the paved areas 3. All improvements shown on the exhibits including the structures, parking lots, driveways, landscaping and improved useable open space shall be completed by June 1, 1973; however, any units occupied prior to said date shall have all of the above non-structural elements completed for all areas within 50 feet of the occupied unit within 60 days after occupancy, except between October 15, 1971 and Apnl 15, 1972 the 60 days for completion of the non-structural elements shall not commence until Apnl 16, 1972, and except between October 15, 1972 and April 15, 1973 the 60 days for completion of the non-structural elements shall not commence until Apnl 16, 1973. 4. The special permit shall be amended on July 5, 1994 to incorporate all of the preceding conditions and add the following conditions: a The site shall be developed, used and maintained in accordance with Exhibit A, - Site Plan, Exhibit B — Lighting Plan, Exhibit C — Community Building and Garages and Exhibit D — Landscaping Plan such documents incorporated by reference herein. Exhibit C is modified by Exhibit F as stated in 5a. b. No Certificate of Occupancy issued until all improvements complete. 5. The special permit shall be amended on August 19, 2002 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit F such documents incorporated by reference herein. This exhibit modifies Exhibit C under 4a. b Extenor matenals on all accessory buildings shall be fiber -cement boards with brick pilasters. c. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) pnor to issuance of building permit. Resolution No. 02-083 Reviewed for Administration: -4- the City Council August 19, 2002 City Manager Attest: Mayor ----710 eiz_.___,J---J1-- Cir Clerk