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HomeMy WebLinkAbout05-117 - ADMIN Resolution - City Council - 2005/09/06RESOLUTION NO. 05-117 Amends and Restates Resolution Nos. 6805 and 05-101 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 6805 ADOPTED ON APRIL 6, 1981 AND RESOLUTION NO. 05-101 ADOPTED ON AUGUST 1, 2005 AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36-36 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A CHANGE IN SECURITY REQUIREMENTS RELATING TO AN APPROVED BUILDING ADDITION AT 3401 LOUISIANA AVENUE SOUTH FINDINGS WHEREAS, Philip Weber (Park Tavern — Philips Investment Co.) has made application to the City Council for an amendment to an existing special permit under Section 36-36 of the St. Louis Park Ordinance Code to allow a change in security requirements relating to an approved building addition at 3401 Louisiana Avenue South\within a C-2 General Commercial Zoning District having the following legal description: Lot 1, Block 6, Oak Park Village J ,(Abstract) • WHEREAS, the City Council has considered the information related to Planning Case Nos. 79 -22 -SP, 05 -15 -CUP, and 05 -55 -CUP and the effect of the change in security requirements relating to an approved building addition 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 No. 6805 of the St. Louis Park City Council dated April 6, 1981 which contained conditions applicable to said property; and WHEREAS, an amendment to the special permit was issued regarding the subject property pursuant to Resolution No. 05-101 of the St. Louis Park City Council dated August 1, 2005 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requinng the amendment of that special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution Nos. 6805 and 05-101, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; Resolution No. 05-117 -2- WHEREAS, the contents of Case Nos. 79 -22 -SP, 05 -15 -CUP, and 05 -55 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution Nos. 6805 and 05-101 (documents not filed) are hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purpose of changing the security requirements relating to an approved building addition within the C-2 General Commercial District at the location described above based on the following conditions: A special permit for a restaurant/bowling alley and a Class I restaurant is granted based on the findings set forth above and subject to the following conditions: 1. That the site be developed, used and maintained in accordance with Exhibit A, Site Plan; Exhibit B, Topography Plan and Utility Plan; Exhibit C, Elevation Plan, except as modified and as stamped received by the Planning Department on June 20, 1979 and except as modified by Exhibit D, New Site Plan, which permits construction of the southerly wall up to eleven feet off from the south property line and the northeasterly wall for up to six feet off from the east property line and provided that said area between the lot line and the building line be properly backfilled and compacted to guarantee against settlement, be graded for proper drainage, and be landscaped with trees and grass and maintained thereafter, and except that the basement shall be eliminated and comparable square foot area added at the northeast corner of the structure as shown on Exhibit E, New Site Plan No. 2; and Exhibit F, New Floor Plan; and further except that the sidewalk on the east side of the parking lot south of the entrance area may be deleted. 2. That a chain link fence be allowed against the building and extending above the rooftop along Oak Leaf Drive and 2nd Street Northwest. 3. That Exhibit A, Site Plan, with respect to the landscape items can be amended as follows: a. Seven sunburst locust can be changed to seven seedless ash. b. Nine mountain ash can be changed to seven skyline locust. c. Four black hill spruce can be added—three at the north end of the building and one along the southwest wall. d. Planting of ivy along the northeasterly and southeasterly wall where the chain link fence exists. Resolution No. 05-117 -3- 4. That all improvements, including development of the bowling alley and restaurant and landscaping, paving, curbing, lighting and other items shown on the exhibits be completed by June 15, 1981. 5. The special permit shall be amended on August 1, 2005 to allow for construction of a 410 square foot building addition to Park Tavern's northwestern corner, and shall incorporate all of the preceding conditions and add the following conditions: a. Prior to issuance of a building permit, which may impose additional requirements, Park Tavern shall: 1. Meet all Public Works Department/Utility requirements as recommended by staff. 2. Building and architectural screening materials samples and colors must be submitted to and approved by Zoning Administrator. 3. Meet any Fire Department emergency access requirements for during construction. 4. Revise building plan to include a minimum of three windows measunng no less than 6 square feet to act as a means of viewing the intenor of the building addition from the existing restaurant. b. Park Tavern shall comply with the following conditions during construction: 1. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. 2. Loud equipment shall be kept as far as possible from residences at all times. 3. The site shall be kept free of dust and debris that could blow onto neighboring properties. 4. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 5. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. c. Park Tavern shall at all times remain in compliance with Hennepin County Ordinance #24, "Hennepin County Smoke -Free Ordinance" and all related Hennepin County enforcement policies. d. Park Tavern shall at all times remain in compliance with all laws governing the sale of alcohol in the State of Minnesota and the City of St. Louis Park. e. Park Tavern shall repair any portions of the existing on-site parking lot that are currently in a state of disrepair, by November 1, 2005. Resolution No. 05-117 -4- f. No future building expansions, not including interior and exterior remodeling, shall be permitted without Park Tavern or future occupant first coming into full compliance with parking requirements of the Zoning Code. g. No future building expansions, including any exterior remodeling and any improvements to the site's landscaping or parking lot, but not including any interior remodeling, shall be permitted without Park Tavern or future occupant first coming into full compliance with the City's requirements for stormwater. 6. The special permit shall be amended on September 6, 2005 to allow for a change in the security requirements relating to an approved building addition and shall incorporate all of the preceding conditions and add the following conditions: a. The conditions for a building addition approved on August 1, 2005, shall be amended by removing requirement 5(a)(4), requiring three windows measuring no less than six square feet each between the proposed building addition and the existing restaurant. b. The building addition approved on August 1, 2005 shall be monitored at all times using a camera mounted within the building addition and a video monitor located such that Park Tavern staff shall have access to it at all times. 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, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Asse t form and official exhibits must be signed by applicant (or applicant and owner if applic: t is different from owner) prior to issuance of building permit. Re e ; d for Administration: MVP i- Cit v I1� City ager Attest: Ado ted by the City Council September 6, 2005 May rb • RESOLUTION NO. 05-117 1 Biu III Doc No 8764674 03/16/2006 09 40 AM Certified filed and or recorded on above date Office of the County Recorder Hennepin County, Minnesota Michael H Cunniff, CountyllR6corder Deputy 9 Translp'200404 Fees $35 50 DOC $10 50 SUR $46 00 Total Amends and Restates Resolution Nos. 6805 and 05-101 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 6805 ADOPTED ON APRIL 6, 1981 AND RESOLUTION NO. 05-101 ADOPTED ON AUGUST 1, 2005 AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36-36 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A CHANGE IN SECURITY REQUIREMENTS RELATING TO AN APPROVED BUILDING ADDITION AT 3401 LOUISIANA AVENUE SOUTH FINDINGS WHEREAS, Philip Weber (Park Tavern — Philips Investment Co ) has made application to the City Council for an amendment to an existing special permit under Section 36-36 of the St. Louis Park Ordinance Code to allow a change in security requirements relating to an approved building addition at 3401 Louisiana Avenue South within a C-2 General Commercial Zoning District having the following legal description: Lot 1, Block 6, Oak Park Village (Abstract) WHEREAS, the City Council has considered the information related to Planning Case Nos. 79 -22 -SP, 05 -15 -CUP, and 05 -55 -CUP and the effect of the change in security requirements relating to an approved building addition 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 No. 6805 of the St. Louis Park City Council dated April 6, 1981 which contained conditions applicable to said property; and WHEREAS, an amendment- to the special permit was issued regarding the subject property pursuant to Resolution No. 05-101 of the St. Louis Park City Council dated August 1, • 2005 which contained conditions applicable to said property; and so Resolution No. 05=117 -2- WHEREAS, due to changed circumstances, amendments to those conditions are now IIInecessary, requinng the amendment of that special permit; and • WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution Nos. 6805 and 05-101, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Case Nos. 79 -22 -SP, 05 -15 -CUP, and 05 -55 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution Nos. 6805 and 05-101 (documents not filed) are hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purpose of changing the security requirements relating to an approved building addition within the C-2 General Commercial District at the location described above based on the following conditions: A special permit for a restaurant/bowling alley and a Class I restaurant is granted based on the findings set forth above and subject to the following conditions: 1. That the site be developed, used and maintained in accordance with Exhibit A, Site Plan; Exhibit B, Topography Plan and Utility Plan; Exhibit C, Elevation Plan, except as modified and as stamped received by the Planning Department on June 20, 1979 and except as modified by Exhibit D, New Site Plan, which permits construction of the southerly wall up to eleven feet off from the south property line and the northeasterly wall for up to six feet off from the east property line and provided that said area between the lot line and the building line be properly backfilled and compacted to guarantee against settlement, be graded for proper drainage, and be landscaped with trees and grass and maintained thereafter, and except that the basement shall be eliminated and comparable square foot area added at the northeast corner of the structure as shown on Exhibit E, New Site Plan No. 2; and Exhibit F, New Floor Plan; and further except that the sidewalk on the east side of the parking lot south of the entrance area may be deleted. 2. That a chain link fence be allowed against the building and extending above the rooftop along Oak Leaf Drive and 2°d Street Northwest. 3. That Exhibit A, Site Plan, with respect to the landscape items can be amended as follows: a. Seven sunburst locust can be changed to seven seedless ash. b. Nine mountain ash can be changed to seven skyline locust. c. Four black hill spruce can be added—three at the north end of the building and one along the southwest wall. ResolutionNNo. 05-117 -3- d. Planting of ivy along the northeasterly and southeasterly wall where the chain link fence exists. 4. That all improvements, including development of the bowling alley and restaurant and landscaping, paving, curbing, lighting and other items shown on the exhibits be completed by June 15, 1981. 5. The special permit shall be amended on August 1, 2005 to allow for construction of a 410 square foot building addition to Park Tavern's northwestern corner, and shall incorporate all of the preceding conditions and add the following conditions: a. Prior to issuance of a building permit, which may impose additional requirements, Park Tavern shall: 1. Meet all Public Works Department/Utility requirements as recommended by staff. 2. Building and architectural screening materials samples and colors must be submitted to and approved by Zoning Administrator. 3. Meet any Fire Department emergency access requirements for dunng construction. 4. Revise building plan to include a minimum of three windows measunng no less than 6 square feet to act as a means of viewing the interior of the building addition from the existing restaurant. b. Park Tavern shall comply with the following conditions during construction: 1. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. 2. Loud equipment shall be kept as far as possible from residences at all times. 3. The site shall be kept free of dust and debns that could blow onto neighboring properties. 4. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 5. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. c. Park Tavern shall at all times remain in compliance with Hennepin County Ordinance #24, "Hennepin County Smoke -Free Ordinance" and all related Hennepin County enforcement policies. d. Park Tavern shall at all times remain in compliance with all laws governing the sale of alcohol in the State of Minnesota and the City of St. Louis Park. e. Park Tavern shall repair any portions of the existing on-site parking lot that are currently in a state of disrepair, by November 1, 2005. Resolution No. -05-117 -4- f No future building expansions, not including interior and exterior remodeling, shall be permitted without Park Tavern or future occupant first coming into full compliance with parking requirements of the Zoning Code. g. No future building expansions, including any exterior remodeling and any improvements to the site's landscaping or parking lot, but not including any interior remodeling, shall be permitted without Park Tavern or future occupant first coming into full compliance with the City's requirements for stormwater. 6. The special permit shall be amended on September 6, 2005 to allow for a change in the security requirements relating to an approved building addition and shall incorporate all of the preceding conditions and add the following conditions: a. The conditions for a building addition approved on August 1, 2005, shall be amended by removing requirement 5(a)(4), requiring three windows measuring no less than six square feet each between the proposed building addition and the existing restaurant. b. The building addition approved on August 1, 2005 shall be monitored at all times using a camera mounted within the building addition and a video monitor located such that Park Tavern staff shall have access to it at all times. 1111 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, 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 building permit. 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 original Resolution No. 05-117 adopted at the St. Louis Park City Council meeting held on September 6, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 3 day of March, 2006.