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HomeMy WebLinkAbout06-060 - ADMIN Resolution - City Council - 2006/03/20RESOLUTION NO. 06-060 RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO PERMIT UP TO 700 CUBIC YARDS OF PILL AT 2821 NEVADA AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Sergey Vladyka made application to the City Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park Zoning Ordinance for the purpose of placing approximately 700 cubic yards of clean fill on a property within the R-2 Single Family Distnct to facilitate the construction of a single family home located at 2821 Nevada Avenue South, legally descnbed as follows, to -wit: Lot 15, Block 2, High Holborn 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -74 -CUP) and the effect of the proposed application 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 placement of the fill as proposed 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 seriously depreciate surrounding property values, and the application to place the fill 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 -74 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion The Conditional Use Permit to permit up to 700 cubic yards of fill at the location descnbed 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 2. The equipment required for the delivery, placement and grading of the fill and excavation for the pond shall be operated only between the hours of 8 am and 9 pm, Monday through Thursday, and 8 am to sunset or 9 pm, whichever is later on Fnday. Resolution No. 06-060 -2- 3. The trucks utilized for hauling the fill shall use Louisiana Avenue, 28th Street and Nevada Avenue for the trip to and from the site. 4. A copy of the permit from Minnehaha Creek Watershed Distnct must be provided. 5. An erosion control permit must be secured from the City. 6 The land owner shall pay an administrative fine of $750 per violation of any condition of this approval. 7. A financial guarantee in an amount to be determined by the Public Works Department be submitted to guarantee that any damage to the streets be repaired, that the streets be cleaned in a manner and frequency as required by the city, and that erosion be managed and repaired as required by the city and the watershed distnct. 8. A maintenance agreement shall be entered into addressing, at a minimum, the construction and maintenance of the water retention area and the pump system. The Mayor and City Manager are authorized to execute this agreement 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. The 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 iewesi for Administration: — Wo City M Attest: ger Adopted by the City Council March 20, 2006 May SCANNED • • 11111111111111111111111111111111111111111111111 7 Doc No 4260723 05/17/2006 04 00 PM Certified filed and or recorded on above date Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles TranslD 220171 New cert Cert 1168704 0o Joki° Deputy 001 Fees $1 50 AF $10 50 STATEFEE $34 00 TDOCFEE $0 00 TSUR $46 00 Total RESOLUTION NO. 06-060 RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO PERMIT UP TO 700 CUBIC YARDS OF FILL AT 2821 NEVADA AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Sergey Vladyka made application to the City Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park Zoning Ordinance for the purpose of placing approximately 700 cubic yards of clean fill on a property within the R-2 Single Family District to facilitate the construction of a single family home located at 2821 Nevada Avenue South, legally described as follows, to -wit: Lot 15, Block 2, High Holborn 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -74 -CUP) and the effect of the proposed application 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 placement of the fill as proposed 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 senously depreciate surrounding property values, and the application to place the fill 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 -74 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion The Conditional Use Permit to permit up to 700 cubic yards of fill at the location described is Illgranted based on the findings set forth above and subject to the following conditions: 1(Dn1a 3 Resolution No. 06-060 -2- , ® 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2. The equipment required for the delivery, placement and grading of the fill and excavation for the pond shall be operated only between the hours of 8 am and 9 pm, Monday through Thursday, and 8 am to sunset or 9 pm, whichever is later on Friday. 3. The trucks utilized for hauling the fill shall use Louisiana Avenue, 28th Street and Nevada Avenue for the trip to and from the site. 4. A copy of the permit from Minnehaha Creek Watershed Distnct must be provided. 5 An erosion control permit must be secured from the City. 6. The land owner shall pay an administrative fine of $750 per violation of any condition of this approval. 7. A financial guarantee in an amount to be determined by the Public Works Department be submitted to guarantee that any damage to the streets be repaired, that the streets be cleaned in a manner and frequency as required by the city, and that erosion be managed and repaired as required by the city and the watershed district. 8. A maintenance agreement shall be entered into addressing, at a minimum, the construction and maintenance of the water retention area and the pump system The Mayor and City Manager are authorized to execute this agreement 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. 0 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. 06-060 adopted at the St. Louis Park City Council meeting held on March 20, 2006. WITNESS my hand and the Seal of the City of St. Louis Park this 24 day of March, 2006.