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HomeMy WebLinkAbout03-136 - ADMIN Resolution - City Council - 2003/10/07RESOLUTION NO. 03-136 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 1,200 CUBIC YARDS OF SEDIMENT FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 4750 26`h STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The Minnehaha Creek Watershed District (MCWD) 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 excavating approximately 1,200 cubic yards of sediment within a R-1 Single Family Residential District at 4750 26th Street West for the legal descnption as follows, to -wit: Parcel No. 8 Lots Y and W, Westridge (Lot W - Certificate of Title No. 280835) and The East 450 feet of the South One-half of the Northwest Quarter (S 1/2 NW 1/4) of Section Thirty-one (31), Township Twenty-nine (29), Range Twenty-four (24) except the Westerly 233.58 feet of the Northerly 500 feet thereof; subject to easements over those portions deeded for street purposes. Party of the second part agrees that in the event the property is to be sold within twenty (20) years from the date of this instrument that it shall be first offered to party of the first part who shall be given first refusal relative to the resale of said property. and Reserve Lot A "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Southerly of and adjacent to the line between Reserve Lots A Resolution No. 03-136 2 and B, said Addition, and same extended so that the Southerly line of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty- fifth Street. and Reserve Lot B "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Northerly of and adjacent to the line between Reserve Lots A and B said addition and the same extended so that the Northerly line of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty- fifth Street. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -48 -CUP) and the effect of the proposed excavation of approximately 1,200 cubic yards of sediment 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 excavation of approximately 1,200 cubic yards of sediment 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 1,200 cubic yards of sediment 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 -48 -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 at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The pond dredging shall be in accordance with the Excavation Plans; such documents incorporated by reference herein. Resolution No. 03-136 3 2. Haul routes shall be as follows: West 26th Street (west) — 25th & 251/2 St — Hwy 100 Frontage Road — Hwy 100. West 26th Street (east) — France Ave. — Minnetonka Blvd. 3. The hours of operation shall be limited to the hours between 7:00 a.m. and 5:00 p.m. on weekdays. 4. Pnor to beginning any pond dredging maintenance, the applicant must comply with the following: a. Notify the City Park and Recreation Director to approve an on-site construction route and a site restoration plan. b. Submit financial surety for cleaning/repair of public streets, dust control and site restoration as determined by the Public Works and Park & Recreation Directors. c. Install traffic control and cautionary signs (e.g., ice warning signs) as required by the Public Works Director and Park & Recreation Director. 5. The site must be watered regularly for dust control and streets must be kept clean throughout hauling routes. 6. Future pond dredging on a periodic basis for maintenance is approved subject to the following conditions: a. The Watershed District shall provide written notice to the City of St. Louis Park at least 30 days prior to beginning any future pond dredging; such notice shall be addressed to the City Manager and copied to the Community Development Director, Park & Recreation Director and Public Works Director; such notice shall include amount of sediment to be excavated, proposed on- and off-site construction routes, proposed site restoration plan, proposed watering plan, proposed traffic control and cautionary sign plan, and proposed hours and duration of dredging operations to be approved by the City. b. The Watershed District shall provide written notice to all property owners within a distance of at least 350 feet, as determined by the City Community Development Director, at least 10 days prior to beginning any future pond dredging. c. Any changes to the Excavation Plan or hauling routes shall require amendment to this Conditional Use Permit in accordance with City ordinances and policies. Any future amendments that do not require a public hearing shall be fully described in the notice to the neighborhood. d. Any future pond dredging shall fully comply with all conditions of this Conditional Use Permit. 7. The Watershed District shall pay an administrative fine of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the pond for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. Resolution No. 03-136 - 4 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: 5 y y Clerk Clerk 03 -48 -CUP res/ord Adopted by the City Council October 7, 2003 • • • 3� 8263197 m m-0 z z '—'oZ o -n N � c m I=6 • 0 z zcmn 0 0 35 3 RESOLUTION NO. 03-136 3878563 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 1,200 CUBIC YARDS OF SEDIMENT FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 4750 26`h STREET WEST BE IT RESOLVED BY the City Council of theCity of St. Louis Park: Findings • 1. The Minnehaha Creek Watershed District (MCWD) 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 excavating approximately 1,200 cubic yards of sediment within a R-1 Single Family Residential District at 4750 26th Street West for the legal description as follows, to -wit: ,f Parcel No. 8 Lot(Y)nd W, Westridge (Lot W - Certificate of Title No. 280835) 3� X' • and The East 450 feet of the South One-half of the Northwest Quarter (S 1/2 NW 1/4) of Section Thirty-one (31), Township Twenty-nine (29), Range Twenty-four (24) except the Westerly 233.58 feet of the Northerly 500 feet thereof, subject to easements over those portions deeded for street purposes. Party of the second part agrees that inithe-event the property is to be sold within twenty (20) years from the date of this instivment that it shall be first offered to ,,party of the first part who, shall ,be given first refusal relative to the resale of said property. �I o Resolution No. 03-136 - 2 - a1$ g''' r and Reserve Lot A "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Southerly of and adjacent to the line between Reserve Lots A and B, said Addition, and same extended so that the Southerly line of said strip shall meet the Westerly Zine of said Addition and the Westerly end of Twenty- fifth Street. and Reserve Lot B "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. For Park Purposes only. I Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Northerly of and adjacent to the line between Reserve Lots A and B said addition and the same extended so that the Northerly line of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty- fi fth Street. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -48 -CUP) and the effect of the proposed excavation of approximately 1,200 cubic yards of sediment 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 excavation of approximately 1,200 cubic yards of sediment 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 1,200 cubic yards of sediment is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. • • Resolution No. 03-136 - 3 - 4. The contents of Planning Case File 03 -48 -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 at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The pond dredging shall be in accordance with the Excavation Plans; such documents incorporated by reference herein. 2. Haul routes shall be as follows: West 26th Street (west) — 25th & 25"2 St — Hwy 100 Frontage Road — Hwy 100. West 26th Street (east) — France Ave. — Minnetonka Blvd. 3. The hours of operation shall be limited to the hours between 7:00 a.m. and 5:00 p.m. on weekdays. 4. Prior to beginning any pond dredging maintenance, the applicant must comply with the following: a. Notify the City Park and Recreation Director to approve an on-site construction route and a site restoration plan. b. Submit financial surety for cleaning/repair of public streets, dust control and site restoration as determined by the Public Works and Park & Recreation Directors. c. Install traffic control and cautionary signs (e.g., ice warning signs) as required by the Public Works Director and Park & Recreation Director. 5. The site must be watered regularly for dust control and streets must be kept clean throughout hauling routes. 6. Future pond dredging on a periodic basis for maintenance is approved subject to the following conditions: a. The Watershed District shall provide written notice to the City of St. Louis Park at least 30 days prior to beginning any future pond dredging; such notice shall be addressed to the City Manager and copied to the Community Development Director, Park & Recreation Director and Public Works Director; such notice shall include amount of sediment to be excavated, proposed on- and off-site construction routes, proposed site restoration plan, proposed watering plan, proposed traffic control and cautionary sign plan, and proposed hours and duration of dredging operations to be approved by the City. b. The Watershed District shall provide written notice to all property owners within a distance of at least 350 feet, as determined by the City Community Development Director, at least 10 days prior to beginning any future pond dredging. Resolution No. 03-136 - 4 - c. Any changes to the Excavation Plan or hauling routes shall require amendment to this Conditional Use Permit in accordance with City ordinances and policies. Any future amendments that do not require a public hearing shall be fully described in the notice to the neighborhood. d. Any future pond dredging shall fully comply with all conditions of this Conditional Use Permit. 7. The Watershed District shall pay an administrative fine of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the pond for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. 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. 03-136 adopted at the St. Louis Park City Council meeting held on October 7, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 10th day of November, 2003. 1 Nancy J. Str , ANL. City Clerk STATE OF MINNESOTA, COUNTY OF HENNEPIN Certified to be a true and correct copy of the original on file and of record in my office DECEJI6ER 30, 2b03 MIC H. CUNNIFF, REGISTRAR OF TITLES By Q ".^40rDeputy " • • 3(2 5263197 Or -HCL 01 C01J); i ` J.Es'':r'UER ;IEN.NEPCN COW/ Y i?I;, r[SOTA CLI"? TIT ICI) .,:10 OR CC(7+_i,_ti ill 2r1O3 DEC 30 26 ,i O[1i,GMLPJT S2 . 3197 uo RE C Pr. � 11Vnn �ZS' 1 V' ,' 0 C) Xly4,,,:,y,+',,� O., Z:` 9.10u4 m�r :.18Al2:if' f 4i¢' ;;. 'D.P, Om {d f 0 m z A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER -csm t SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE z RELATING TO ZONING TO PERMIT THE EXCAVATION OF APPROXIMATELY 1,200 CUBIC YARDS OF SEDIMENT FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 4750 26th STREET WEST SZ?179:0 r.11 ,. CI RESOLUTION NO. 03-136 ---fq.--ri ,) E.11 U JAN 272004 3/4 • • BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The Minnehaha Creek Watershed District (MCWD) 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 excavating approximately 1,200 cubic yards of sediment within a R-1 Single Family Residential District at 4750 26`h Street West for the legal description as follows, to -wit: Parcel No. 8 Lots Y and W, Westridge (Lot W - Certificate of Title No. 280835) and The East 450 feet of the South One-half of the Northwest Quarter (S 1/2 NW 1/4) of Section Thirty-one (31), Township Twenty-nine (29), Range Twenty-four (24) except the Westerly 233.58 feet of the Northerly 500 feet thereof; subject to easements over those portions deeded for street purposes. Party of the second part agrees that in the event the property is to be sold within twenty (20) years from the date of this instrument that it shall be first offered to party of the first part who shall be given first refusal relative to the resale of said property. - , -' - - -. - r• 1 Resolution No. 03-136 - 2 and Reserve Lot A "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Southerly of and adjacent to the line between Reserve Lots A and B, said Addition, and same extended so that the Southerly line of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty- fifth Street. and Reserve Lot B "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. • For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Northerly of and adjacent to the line between Reserve Lots A and B said addition and the same extended so that the Northerly line of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty- fifth Street. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -48 -CUP) and the effect of the proposed excavation of approximately 1,200 cubic yards of sediment 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 excavation of approximately 1,200 cubic yards of sediment 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 1,200 cubic yards of sediment is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. • • o 1 Resolution No. 03-136 - 3 - 4. The contents of Planning Case File 03 -48 -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 at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The pond dredging shall be in accordance with the Excavation Plans; such documents incorporated by reference herein. 2. Haul routes shall be as follows: West 26th Street (west) — 25th & 25112 St — Hwy 100 Frontage Road — Hwy 100. West 26th Street (east) — France Ave. — Minnetonka Blvd. 3. The hours of operation shall be limited to the hours between 7:00 a.m. and 5:00 p.m. on weekdays. 4. Prior to beginning any pond dredging maintenance, the applicant must comply with the following: a. Notify the City Park and Recreation Director to approve an on-site construction route and a site restoration plan. b. Submit financial surety for cleaning/repair of public streets, dust control and site restoration as determined by the Public Works and Park & Recreation Directors. c. Install traffic control and cautionary signs (e.g., ice waming signs) as required by the Public Works Director and Park & Recreation Director. 5. The site must be watered regularly for dust control and streets must be kept clean throughout hauling routes. 6. Future pond dredging on a periodic basis for maintenance is approved subject to the following conditions: a. The Watershed District shall provide written notice to the City of St. Louis Park at least 30 days prior to beginning any future pond dredging; such notice shall be addressed to the City Manager and copied to the Community Development Director, Park & Recreation Director and Public Works Director; such notice shall include amount of sediment to be excavated, proposed on- and off-site construction routes, proposed site restoration plan, proposed watering plan, proposed traffic control and cautionary sign plan, and proposed hours and duration of dredging operations to be approved by the City. b. The Watershed District shall provide written notice to all property owners within a distance of at least 350 feet, as determined by the City Community Development Director, at least 10 days prior to beginning any future pond dredging. • • Resolution No. 03-136 - 4 - c. Any changes to the Excavation Plan or hauling routes shall require amendment to this Conditional Use Permit in accordance with City ordinances and policies. Any future amendments that do not require a public hearing shall be fully described in the notice to the neighborhood. d. Any future pond dredging shall fully comply with all conditions of this Conditional Use Permit. 7. The Watershed District shall pay an administrative fine of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the pond for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if , applicant is different from owner) prior to issuance of a building permit. 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. 03-136 adopted at the St. Louis Park City Council meeting held on October 7, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 10th day of November, 2003. Nancy J. Str , Deputy City Clerk 1 827r13 1\P Jr -Il;f OF CUUidr %�O UFlt FIChiiE PIF. CUullrY r, r:EF.0i1. UtRTIF" J r;{ ',0 OR 2[i1i JANI3 A110: 02 1793 • • FPj T'T