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.