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HomeMy WebLinkAbout05-070 - ADMIN Resolution - City Council - 2005/05/160 RESOLUTION NO. 05 - 070 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 OVER 400 CUBIC YARDS OF SOIL FOR CONSTRUCTION OF A PARK SHELTER BUILDING FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 4525 MORNINGSIDE ROAD 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 excavating over 400 cubic yards of soil for construction of a park shelter building within a R-1 Single Family Residential Distnct located at 4525 Morningside Road for the legal description as follows, to -wit: Lots 1 through 14, Lots 26 and 27, and parts of Lots 20 through 25 and parts of Lots 15 through 18, Block 2, Tingdale's Replat in Browndale Park Addition, and, Lots 1 through 5, Block 11, Browndale Park Addition, and Lots 1 and 2, Lots 18 through 22, and the westerly 30 feet of Lots 3 and 4, Block 12, Browndale Park Addition. 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -14 -CUP) and the effect of the proposed excavation of soil 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 soil 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 excavation of soil is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 11/ 4 The contents of Planning Case File 05 -14 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Resolution No 05-070 -2- Conclusion The Conditional Use Permit to permit the excavation of over 400 cubic yards of soil at the location descnbed is granted based on the findings set forth above and subject to the following conditions: 1. Pnor to any site work, the applicant shall meet the following conditions: a. Obtain any necessary permits from other agencies. b. Install erosion control measures on any portion of the site undergoing excavation or used to facilitate the process of excavation. 2. The applicant shall ensure that the contract addresses dust control and repair/cleaning of public streets. 3 Haul routes shall be as follows: Hwy 100 — Excelsior Blvd — Wooddale Ave — Morningside Rd. 4 The hours of excavation shall be limited to the hours between 7:00 a.m and 8 00 p.m. on weekdays and 9:00 am and 4:00 p.m. on weekends if needed Written notice shall be provided to all property owners within 500 feet of Browndale Park pnor to conducting work on the weekends. 5. Upon completion of the excavation, the applicant shall install sod or seed upon any affected portions of the site, where appropnate. 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. T e Cit Clerk is instructed to record certified copies of this resolution in the Office of the ennepi County Register of Deeds or Registrar of Titles as the case may be. Revid//,r Administration. 1 riiikima City ager Attest: G(tY Clerk Ad ted y t City Council May 16, 2005 M or A 1 1 N01 Doc No 8758276; 03/02/2006 02 00 PM Certified filed and or recorded on above date Office of the County Recorder Hennepin County, Minnesota Michael H Curiniff, County Recorder Deputy 43 1 TransID 196802 f Fees $35 50 DOC $10 50 SUR $46 00 Total RESOLUTION NO. 05-070 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 OVER 400 CUBIC YARDS OF SOIL FOR CONSTRUCTION OF A PARK SHELTER BUILDING FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 4525 MORNINGSIDE ROAD 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 v Permit under Section 36-79 of the St. Louis Park Ordinance Code for the purpose of excavating over 400 cubic yards of soil for construction ofa park shelter building within a R-1 Single Family Residential District located at 4525 Morningside Road for the legal description as follows, to -wit: Lots 1 through 14, Lots 26 and 27, and parts of Lots 20 through 25 and parts of Lots 15 through 18, Block 2, Tingdale's Replat in _ _ Browndale Park Addition;and, i __ • ,Lots 1 through 5, Block 11, Browndale Park Addition, and Lots 1 and 2, Lots 18 through 22, and the westerly 30 feet of Lots 3 and 4, Block 12, Browndale Park Addition. 0 e Resolution No. 05-070 -2- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -14 -CUP) and the effect of the proposed excavation of soil 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 soil 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 senously depreciate surrounding property values, and the proposed excavation of soil is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 05 -14 -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 over 400 cubic yards of soil at the location described is granted based on the findings set forth above and subject to the following conditions: 1. Prior to any site work, the applicant shall meet the following conditions: a Obtain any necessary permits from other agencies. b. Install erosion control measures on any portion of the site undergoing excavation or used to facilitate the process of excavation. 2. The applicant shall ensure that the contract addresses dust control and repair/cleaning of public streets. 3. Haul routes shall be as follows: Hwy 100 — Excelsior Blvd — Wooddale Ave — Morningside Rd. 4. The hours of excavation shall be limited to the hours between 7:00 a.m. and 8:00 p.m. on weekdays and 9:00 am and 4:00 p.m. on weekends if needed. Written notice shall be provided to all property owners within 500 feet of Browndale Park prior to conducting work on the weekends. 5. Upon completion of the excavation, the applicant shall install sod or seed upon any affected portions of the site, where appropriate. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 0 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. .o Resolution No. 05-070 -3- 0 Assent form and official exhibits must be signed by applicant (or applicant and owner if o 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 CITY OF ST LOUIS PARK ) ) ss ) 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 original Resolution No. 05-070 adopted at the St. Louis Park City Council meeting held on May 16, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 6th day of January, 2005.