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HomeMy WebLinkAbout03-123 - ADMIN Resolution - City Council - 2003/09/15RESOLUTION NO. 03-123 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE EXCAVATION OF APPROXIMATELY 990 CUBIC YARDS OF SOIL FOR THE CREATION OF A SKATE PARK FOR PROPERTY ZONED R3, TWO FAMILY RESIDENTIAL DISTRICT LOCATED AT 3700 MONTEREY DRIVE (WOLFE PARK) BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City of St. Louis Park has made application to the City Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park Ordinance Code for the purpose of permitting the excavation of approximately 990 cubic yards of soil for the creation of a skate park within a R3 Two Family Residential Distnct located at 3700 Monterey Drive (Wolfe Park) for the legal description as follows, to -wit: Blocks 4, 5, 6, 9, 10 and 11; also that part of Block 7 lying south of Monterey Drive and Lots 1 through 5, Block 8 and Lots 8, all in Westmoreland Park, Hennepin County, Minnesota 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -52 -CUP) and the effect of the proposed excavation of approximately 990 cubic yards of soil for the creation of a skate park 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 excavation of approximately 990 cubic yards of soil for the creation of a skate park 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 excavation of approximately 990 cubic yards of soil for the creation of a skate park is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 03 -52 -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 the excavation of approximately 990 cubic yards of soil for the creation of a skate park at the location descnbed is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be excavated in accordance with the Erosion Control and Cross Section Exhibits such documents incorporated by reference herein. Resolution No. 03-123 -2- 2. Haul routes shall be as follows: 36th St W. — Hwy 100 —1-394 — US 169 — Shelard Parkway — Ford Road - Wayzata Blvd. 3. The hours of operation shall be limited to the hours between 7:00 a.m. and 5:00 p.m. on weekdays and 9:00 am and 2:00 p.m. on Saturday if needed. 4. The City shall ensure that the contract addresses dust control and repair/cleaning of public streets. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to commencing site work. 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 Adopted by the City Council September 15, 2003 Maor s 0 • m Q U RESOLUTION NO. 03-123 OFFICE OF L)uidi rr, nP c:F H�HNcf' "d coJtiT MINN' SOI. GFHt f r'1 C FILEC Mil OR t'_' ''r cr NOV1 iJUJ V 8 AH 6: 22 "8227496 ,./121-1.; C 0 w E A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE EXCAVATION OF APPROXIMATELY 990 CUBIC YARDS OF SOIL FOR THE CREATION OF A SKATE PARK FOR PROPERTY ZONED R3, TWO FAMILY RESIDENTIAL DISTRICT LOCATED AT 3700 MONTEREY DRIVE (WOLFE PARK) L i BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City of St. Louis Park has made application to the City Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park Ordinance Code for the purpose of permitting the excavation of approximately 990 cubic yards of soil for the creation of a skate park within a R3 Two Family Residential District located at 3700 Monterey Drive (Wolfe Park) for the legal description as follows, to -wit: Blocks 4, 5, 6, 9, 10 and 11; also that part of Block 7 lying south of Monterey Drive and Lots 1 through 5, Block 8 and Lots 8, all in Westmoreland Park, Hennepin County, Minnesota 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -52 -CUP) and the effect of the proposed excavation of approximately 990 cubic yards of soil for the creation of a skate park 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. 0 Resolution No. 03-123 -2- 3. The Council has determined that the excavation of approximately 990 cubic yards of soil for the creation of a skate park 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 excavation of approximately 990 cubic yards of soil for the creation of a skate park is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 03 -52 -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 the excavation of approximately 990 cubic yards of soil for the creation of a skate park at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be excavated in accordance with the Erosion Control and Cross Section Exhibits such documents incorporated by reference herein. 2. Haul routes shall be as follows: 36th St W. — Hwy 100 — I-394 — US 169 — Shelard Parkway — Ford Road - Wayzata Blvd. 3. The hours of operation shall be limited to the hours between 7:00 a.m. and 5:00 p.m. on weekdays and 9:00 am and 2:00 p.m. on Saturday if needed. 4. The City shall ensure that the contract addresses dust control and repair/cleaning of public streets. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to commencing site work. 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. 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 original Resolution No. 03-123 adopted at the St. Louis Park City Council meeting held on September 15, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 10th day of November, 2003. Nancy J. Sto6th,Deputy City Clerk