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HomeMy WebLinkAbout05-067 - ADMIN Resolution - City Council - 2005/05/020 RESOLUTION NO. 05-067 A RESOLUTION TERMINATING EXISTING SPECIAL PERMIT GRANTED BY RESOLUTION NO. 88-199 ON DECEMBER 19, 1988 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36- 194(d)(11) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN IN -VEHICLE SALES AND SERVICE USE FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 4201 MINNETONKA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Minnetonka Boulevard Investments, LLC has made application to the City Council for a Conditional Use Permit under Section 36-194(d)(11) of the St. Louis Park Ordinance Code for the purpose of allowing an in -vehicle sales and service use associated with a restaurant without liquor (coffee shop) within a C-2 General Commercial District located at 4201 Minnetonka Boulevard for the legal description as follows, to -wit: ' All of Lots 2 and 3, Block 1; All of the East i/s of the vacated alley adjoining said Lot 3, Block 1; That part of Lot 1, said Block 1 lying Northwesterly of the following descnbed Line A, subject to an easement for highway purposes as descnbed in Document No. 2021414; That part of Lot 4, said Block 1 and Lot 4, Block 2 lying Northwesterly of said Line A; All of the South 1/2 of the vacated alley adjoining said Lot 4, Block 2; That part of the vacated alley lying South of said Lots 1, 2 and 3, Block 1, Tying North of said Lot 4, Block 1, lying East of the Northerly extension of the East line of said Lot 4, Block 2 and lying Westerly of said Line A; That part of the vacated alley lying East of said Lot 4, Block 2, lying West of said Lot 4, Block 1, lying South of the Easterly extension of the North line of said Lot 4, Block 2 and lying Northerly of said Line A; All in Manhattan Park First Addition to St. Louis Park according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; 0 Subject to easements and restrictions of record, if any. Resolution No. 05-067 -2- ., Line A A line run parallel with and distant 70 feet Northwesterly of the following descnbed line: From a point on the Westerly boundary of Lot 2, Mazey and Langan's Addition to St. Louis Park, distant 40.3 feet Northerly of the Southwest corner thereof; run Northwesterly at an angle of 78 degrees 27 minutes with said Westerly boundary for a distance of 42.9 feet; thence deflect to the left at an angle of 13 degrees 06 minutes for a distance of 1177 7 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for a distance of 20 feet to the point of beginning of a line to be descnbed; thence deflect to the nght at an angle of 89 degrees 27 minutes for a distance of 1050 feet and there terminating. Abstract 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -07 -CUP) and the effect of the proposed in -vehicle sales and service 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 in -vehicle sales and service 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 senously depreciate surrounding property values, and the proposed in -vehicle sales and service use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4 A Special Permit was issued regarding the subject property pursuant to Resolution No. 88- 199 of the St. Louis Park City Council dated December 18, 1988 which contained conditions applicable to said property. Due to changed circumstances Minnetonka Boulevard Investments LLC has requested termination of said special permit. 5. The contents of Planning Case Files 88 -106 -SP and 05 -07 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case Conclusion Resolution No 88-199 is hereby terminated and the Conditional Use Permit to permit in - vehicle sales and service use 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 Exhibits A (Site Plan), B (Trash Room Enclosure Plan), C. Grading and Erosion Control Plan, and D (Landscape Plan); such documents incorporated by reference herein. 2. Pnor to any site work the following is required. a. An erosion permit is obtained from the City. b. A Minnehaha Creek Watershed District permit is obtained (if required). c. An imgation plan. 3. A parking lot lighting plan is submitted and approved pnor to issuance of any building permits. Resolution No. 05-067 -3- 4 The basement of the building shall only be used for storage related to the restaurant or neighborhood meetings. 5. Any reuse of the property that has on-site food preparation will require an amendment to the conditional use permit and additional traffic study pnor to approval. 6. If parking problems arise, the City at its sole discretion, can require the applicant to develop parking spaces in the area on the site plan designated as proof of parking. 7. Prior receiving a certificate of occupancy, easements shall be provided to the city over the portion of sidewalk along the CSAH 25 service road that is not located within the public nght of way. In addition to any'other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure 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) pnor to issuance of a building permit Approval of a Building Permit, which may impose additional requirements. e City Clerk is instructed to record certified copies of this resolution in the Office of the epin County Register of Deeds or Registrar of Titles as the case may be. Re ;i . ed for Administration: Cit Attest: ity Clerk Ae ed by the City Council May 2, 2005 May r 1v • A 111 El 1/111 Ill 11 in 1E111 Doc No 8 49051 02/15/2006 08 17 AM Certified ft d and or recorded on above date ice of the County Recorder Hennepin County, Minnesota ichael H Cunniff, County Recorder uty 7 TransID 191886 Fees $35 50 DOC $1050 SUR $46 00 Total RESOLUTION NO. 05-067 A RESOLUTION TERMINATING EXISTING SPECIAL PERMIT GRANTED BY RESOLUTION NO. 88-199 ON DECEMBER 19, 1988 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36- 194(d)(11) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN IN -VEHICLE SALES AND SERVICE USE FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 4201 MINNETONKA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Minnetonka Boulevard Investments, LLC has made application to the City Council for a Conditional Use Permit under Section 36-194(d)(11) of the St. Louis Park Ordinance Code for the purpose of allowing an in -vehicle sales and service use associated with a restaurant without liquor (coffee shop) within a C-2 General Commercial District located at 4201 Minnetonka Boulevard for the legal description as follows, to -wit: All of Lots 2 and 3, Block 1; All of the East 1/2 of the vacated alley adjoining said Lot 3, Block 1; That part of Lot 1, said Block 1 lying Northwesterly of the following described Line A, subject to an easement for highway purposes as described in Document No. 2021414; That part of Lot 4, said Block 1 and Lot .4, Block 2 lying Northwesterly of said 410 Line A; All of the South 1/2 of the vacated alley adjoining said Lot 4, Block 2; Resolution No. 05-067 -2- That part of the vacated alley lying South of said Lots 1, 2 and 3, Block 1, lying North of said Lot 4, Block 1, lying East of the Northerly extension of the East line of said Lot 4, Block 2 and lying Westerly of said Line A; That part of the vacated alley lying East of said Lot 4, Block 2, lying West of said Lot 4, Block 1, lying South of the Easterly extension of the North line of said Lot 4, Block 2 and lying Northerly of said Line A; All in Manhattan Park First Addition to St. Louis Park according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; Subject to easements and restrictions of record, if any. Line A: A line run parallel with and distant 70 feet Northwesterly of the following descnbed line: From a point on the Westerly boundary of Lot 2, Mazey and Langan's Addition to St. Louis Park, distant 40.3 feet Northerly of the Southwest corner thereof; run Northwesterly at an angle of 78 degrees 27 minutes with said Westerly boundary for a distance of 42.9 feet; thence deflect to the left at an angle of 13 degrees 06 minutes for a distance of 1177.7 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for a distance of 20 feet to the point of beginning of a line to be descnbed; thence deflect to the right at an angle of 89 degrees 27 minutes for a distance of 1050 feet and there terminating. Abstract 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -07 -CUP) and the effect of the proposed in -vehicle sales and service 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 in -vehicle sales and service 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 seriously depreciate surrounding property values, and the proposed in -vehicle sales and service use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. A Special Permit was issued regarding the subject property pursuant to Resolution No. 88- 199 of the St. Louis Park City Council dated December 18, 1988 which contained conditions applicable to said property. Due to changed circumstances Minnetonka Boulevard Investments LLC has requested termination of said special permit. 5. The contents of Planning Case Files 88 -106 -SP and 05 -07 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. P Resolution No. 05-067 -3- • Conclusion o Resolution No. 88-199 is hereby terminated and the Conditional Use Permit to permit in - vehicle sales and service use 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 Exhibits A (Site Plan), B (Trash Room Enclosure Plan), C. Grading and Erosion Control Plan, and D (Landscape Plan); such documents incorporated by reference herein. 2. Prior to any site work the following is required: a. An erosion permit is obtained from the City. b. A Minnehaha Creek Watershed District permit is obtained (if required). c. An irrigation plan. 3. A parking lot lighting plan is submitted and approved prior to issuance of any building permits. 4. The basement of the building shall only be used for storage related to the restaurant or neighborhood meetings. 5. Any reuse of the property that has on-site food preparation will require an amendment to the conditional use permit and additional traffic study prior to approval. 6. If parking problems anse, the City at its sole discretion, can require the applicant to develop parking spaces in the area on the site plan designated as proof of parking. 7. Prior receiving a certificate of occupancy, easements shall be provided to the city over the portion of sidewalk along the CSAR 25 service road that is not located within the public nght of way. ft r' Resolution No. 05-067 -4- In addition to any other remedies, the developer or owner shall pay an administrative fee • of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure 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. Approval of a Building Permit, which may impose additional requirements. 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 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. 05-067 adopted at the St. Louis Park City Council meeting held on • May 2, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 6th day of January, 2006. Nancy J. Stro erk