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HomeMy WebLinkAbout05-137 - ADMIN Resolution - City Council - 2005/10/10RESOLUTION NO. 05-137 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 36-194 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE RECONSTRUCTION OF A MOTOR FUEL STATION FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 5430 MINNETONKA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: FINDINGS 1. Apollo Oil Company has made application to the City Council for a Conditional Use Permit under Section 36-194 of the St. Louis Park Ordinance Code for the purpose of reconstructing a motor fuel station within a C-2 General Commercial Distnct located at 5430 Minnetonka Boulevard for the legal descnption as follows, to -wit: Lot 15, except the North 80 feet thereof and Lot 16, except North 80 feet thereof, Auditor's Subdivision No. 351, except those parts conveyed to the County of Hennepin in Document No. 3876998 and That part of the Southwest Quarter of the Southwest Quarter of Section 31, Township 29, Range 24, Hennepin County, Minnesota lying westerly of the southerly extension of the east line of said Lot 16, lying northerly of the easterly extension of the south line of said Lot 16, and lying southeasterly of the southeasterly line of said Lot 16 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -41 -CUP) and the effect of the proposed motor fuel station 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 motor fuel station 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 motor fuel station 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 -41 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 05-137 -2- CONCLUSION The Conditional Use Permit to permit the reconstruction of a motor fuel station 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 incorporated by reference herein, subject to any changes referenced herein. 2. Prior to issuance of a building permit, which may impose additional requirements, the applicant shall: A. Meet all Public Works Department/Utility requirements as recommended by staff, including revisions in the depth and design of the stormwater infiltration trench. B. Building and architectural screening materials samples & colors must be submitted to and approved by Zoning Administrator. C. Meet any Fire Department emergency access requirements for during construction. D. Reduce in size the proposed entrance to the site along Vernon Avenue from 33 feet to 30 feet. E. Eliminate the proposed curb cut along the northern curb between the store's northern drive aisle and the Hwy 100 off -ramp. 3. The applicant shall comply with the following conditions during construction: A. 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. B. Loud equipment shall be kept as far as possible from residences at all times. C. The site shall be kept free of dust and debris that could blow onto neighboring properties. D. Public streets shall be maintained free of dirt and shall be cleaned as necessary. E. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 4. No future building expansions or alterations of any kind to the site, with the exception of interior or exterior renovations to either the convenience store or the car wash, shall be permitted without Holiday Station or future occupant first coming into full compliance with the City's requirements for stormwater. Resolution No. 05-137 -3- 5. All mechanical equipment and utility structures, including but not limited to dumpsters and storage containers, shall be fully screened from view in accordance with the Zoning Code. 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. City Clerk is instructed to record certified copies of this resolution in the Office of epin County Register of Deeds or Registrar of Titles as the case may be. or Administration: Adopted by the City Council October 10, 2005 City Manager ayor Attest: City Clerk 4r—i7--/\°2-2: (al ,1 • if II 1 11 Doc No 8762952 03/13/2006 01 22 PM Certified filed and or recorded on above date Office of the County Recorder Hennepin County,, Minnesota Michael H Cunniff, County Recorder Deputy 13 Trans 199353 Fees $35 50 DOC $10 50 SUR $46 00 Total RESOLUTION NO. 05-137 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 36-194 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE RECONSTRUCTION OF A MOTOR FUEL STATION FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 5430 MINNETONKA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: FINDINGS 1. Apollo Oil Company has made application to the City Council for a Conditional Use Permit under Section 36-194 of the St. Louis Park Ordinance Code for the purpose of reconstructing a motor fuel station within a C-2 General Commercial Distnct located at 5430 Minnetonka Boulevard for the legal description as follows, to -wit: Lot 15, except the North 80 feet thereof and Lot 16, except North 80 feet thereof, Auditor's Subdivision No. 351, except those parts conveyed to the County of Hennepin in Document No. 3876998 and That part of the Southwest Quarter of the Southwest Quarter of Section 31, Township 29, Range 24, Hennepin County, Minnesota lying westerly of the southerly extension of the east line of said Lot 16, lying northerly of the easterly extension of the south line of said Lot 16, and lying southeasterly of the southeasterly line of said Lot 16 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -41 -CUP) and the effect of the proposed motor fuel station 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 motor fuel station 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 motor fuel station is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. J Resolution No. 05-137 -2- 4. The contents of Planning Case File 05 -41 -CUP are hereby entered into and made part of 4110 the public hearing record and the record of decision for this case. CONCLUSION The Conditional Use Permit to permit the reconstruction of a motor fuel station 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 incorporated by reference herein, subject to any changes referenced herein. 2. Prior to issuance of a building permit, which may impose additional requirements, the applicant shall: A. - Meet all Public Works Department/Utility requirements as recommended by staff, including revisions in the depth and design of the stormwater infiltration trench B. Building and architectural screening materials samples & colors must be submitted to and approved by Zoning Administrator. C. Meet any Fire Department emergency access requirements for dunng construction. D. Reduce in size the proposed entrance to the site along Vernon Avenue from 33 feet to 30 feet. E. Eliminate the proposed curb cut along the northern curb between the store's northern dnve aisle and the Hwy 100 off -ramp. 3. The applicant shall comply with the following conditions during construction: A 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. B. Loud equipment shall be kept as far as possible from residences at all times. C. The site shall be kept free of dust and debris that could blow onto neighbonng properties. D. Public streets shall be maintained free of dirt and shall be cleaned as necessary. E. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 4. No future building expansions or alterations of any kind to the site, with the exception of interior or extenor renovations to either the convenience store or the car wash, shall be permitted without Holiday Station or future occupant first coming into full compliance with the City's requirements for stormwater. 5. All mechanical equipment and utility structures, including but not limited to dumpsters and storage containers, shall be fully screened from view in accordance with the Zoning Code. Resolution No. 05-137 -3- • 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 original Resolution No. 05-137 adopted at the St. Louis Park City Council meeting held on • October 10, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 3 day of March, 2006. • ��Nanc JCity Clerk