HomeMy WebLinkAbout06-068 - ADMIN Resolution - City Council - 2006/04/030
RESOLUTION NO. 06-068
RESOLUTION GRANTING CONDITIONAL USE PERMIT
UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE
CODE RELATING TO ZONING TO PERMIT THE
EXCAVATION/FILLING OF MORE THAN 400 CUBIC YARDS
OF SOIL FOR PROPERTY ZONED R-4 MULTI -FAMILY
RESIDENTIAL DISTRICT LOCATED AT 1351 AND 1361
HAMPSHIRE AVENUE SOUTH
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Ted Bigos 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 excavation/filling within an R-4 Multi -Family Distnct located at
1351 and 1361 Hampshire Avenue South for the legal descnption as follows, to -
wit.
111 Lot 5, Block 1, LOU PARK ADDITION, according to the map or plat on
file or of record in Hennepin County, Minnesota, descnbed as follows.
Commencing at the southwest corner of said Lot 5; Thence North 02
degrees 21 minutes 30 seconds East, plat bearing, along the west line of
said Lot 5, a distance of 60.00 feet, to the point of beginning of the land to
be descnbed; ,thence South 87 degrees 38 minutes 30 seconds East, and
parallel with the south line of Lot 5, a distance of 50.00 feet; thence South
66 degrees 11 minutes 23 seconds East, a distance of 71.09 feet; thence
South 87 degrees 38 minutes 30 seconds East, and parallel with said south
line, a distance of 222.49 feet; thence North 02 degrees 21 minutes 30
seconds East, a distance of 207.89 feet; thence South 87 degrees 41
minutes 44 seconds East, a distance of 174.52 feet; thence North 73
degrees 15 minutes 44 seconds East, a distance of 10 95 feet; thence South
87 degrees 38 minutes 30 seconds East, and parallel with said south line, a
distance of 96.47 feet, to the east line of said Lot 5; thence North 02
degrees 21 minutes 30 seconds East, along the said east line, a distance of
183.26 feet, to the northeast corner of said Lot 5; thence North 87 degrees
38 minutes 30 seconds West, along the north line of said Lot 5, a distance
of 620 00 feet, to the northwest corner of said Lot 5; thence South 02
degrees 21 minutes 30 seconds West, along the west line of said Lot 5, a
distance of 368.90 feet, to the point of beginning.
Resolution No. 06-068 -2-
2. The City Council has considered the advice and recommendation of the
Planning Commission (Case No. 06 -13 -CUP) and the effect of the proposed
excavation/filling 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/filling 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/filling is in harmony with the
general purpose and intent of the Zoning Ordinance and the Comprehensive
Plan.
4 The contents of Planning Case File 06 -13 -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/filling 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.
2. Pnor to any site work, the applicant shall meet the following conditions:
a Obtain all necessary permits from the City (erosion control permit), Bassett
Creek Watershed Management Commission, and other agencies. Copies of
permits from the watershed and other agencies shall be provided to the
City.
b. Install erosion control measures on any portion of the site disturbed by the
project.
c. Submit a performance guarantee to the City in the form of cash escrow or
letter of credit for 125% times the cost of the restoration work.
3. All contractors shall comply with state and local dust control and noise
regulations.
4. The trucks utilized for hauling shall use Hampshire Avenue, Wayzata Boulevard,
Louisiana Avenue and Interstate 394 for trips to and from the site.
5. Work shall be limited to the hours between 7.00 a.m and 9:00 p.m. on weekdays
and 9:00 a.m. and 4:00 p.m. on weekends if needed.
Resolution No. 06-068 -3-
® 6. Upon completion of excavation and filling, the applicant shall restore all disturbed
parking, driveways, paths, and landscaped areas. Sod or seed shall be installed
upon any affected portions of the site, where appropriate.
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7. The City will not issue building permits for the planned apartment building until:
a. The Planned Unit Development Application is approved.
b. The applicant implements the Response Action Plan and the
Implementation Report has been submitted to the City of St. Louis Park
and Minnesota Pollution Control Agency (MPCA).
8 The applicant shall provide to the City a copy of the No Action Letter or related
communications from MPCA.
9. 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.
10. 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.
11. Assent form and official exhibits must be signed by applicant (or applicant and
owner if applicant is different from owner) pnor to issuance of an erosion control
permit.
12 Approval of an erosion control permit, which may impose additional
requirements!
The City Clerk is instructed to record certified copies of this resolution in the Office of
e Hennepin County Register of Deeds or Registrar of Titles as the case may be.
R..v e
d for Administration: Adopted by the City Council April 3, 2006
City Manae
Attest.
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City Clerld U
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Doc No 8797538 05/17/2006 01 50 PM
Certified filed and or recorded on above date
Office of the County Recorder
Hennepin County, Minne ota
Michael H Cunniff, County R corder
Deputy 45 TranslD 21 958
Fees
$35 50 DOC
$10 50 SUR
$46 00 Total
RESOLUTION NO. 06-068
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT THE EXCAVATION/FILLING OF
MORE THAN 400 CUBIC YARDS OF SOIL FOR PROPERTY ZONED R-
4 MULTI -FAMILY RESIDENTIAL DISTRICT LOCATED AT 1351 AND
1361 HAMPSHIRE AVENUE SOUTH
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Ted Bigos 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
excavation/filling within an R-4 Multi -Family District located at 1351 and 1361
Hampshire Avenue South for the legal description as follows, to -wit:
Lot 5, Block 1, LOU PARK ADDITION, according to the map or plat on file or
of record in Hennepin County, Minnesota, described as follows:
Commencing at the southwest corner of said Lot 5; Thence North 02 degrees 21
minutes 30 seconds East, plat bearing, along the west line of said Lot 5, a distance
of 60.00 feet, to the point of beginning of the land to be descnbed; thence South
87 degrees 38 minutes 30 seconds East, and parallel with the south line of Lot 5, a
distance of 50.00 feet; thence South 66 degrees 11 minutes 23 seconds East, a
distance of 71.09 feet; thence South 87 degrees 38 minutes 30 seconds East, and
parallel with said south line, a distance of 222.49 feet; thence North 02 degrees 21
minutes 30 seconds East, a distance ,of 207.89 feet; thence South 87 degrees 41
minutes 44 seconds East, a distance of 174.52 feet; thence North 73 degrees 15
minutes 44 seconds East, a distance of 10.95 feet; thence South 87 degrees 38
minutes 30 seconds East, and parallel with said south line, a distance of 96.47
feet, to the east line of said Lot 5; thence North 02 degrees 21 minutes 30 seconds
East, along the said east line, a distance of 183.26 feet, to the northeast corner of
said Lot 5, thence North 87 degrees 38 minutes 30 seconds West, along the north
line of said Lot 5, a distance of 620.00 feet, to the northwest corner of said Lot 5;
Reso1b tion No. 06-068 -2-
® thence South 02 degrees 21 minutes 30 seconds West, along the west line of said
Lot 5, a distance of 368.90 feet, to the point of beginning.
0
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 06 -13 -CUP) and the effect of the proposed excavation/filling 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/filling 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 excavation/filling is in harmony with the general purpose and intent of the
Zoning Ordinance and the Comprehensive Plan.
4. The contents of Planning Case File 06 -13 -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/filling 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.
2. Prior to any site work, the applicant shall meet the following conditions:
a. Obtain all, necessary permits from the City (erosion control permit), Bassett Creek
Watershed Management Commission, and other agencies. Copies of permits from
the watershed and other agencies shall be provided to the City.
b. Install erosion control measures on any portion of the site disturbed by the project.
c. Submit a performance guarantee to the City in the form of cash escrow or letter of
credit for 125% times the cost of the restoration work.
3. All contractors shall comply with state and local dust control and noise regulations.
4. The trucks utilized for hauling shall use Hampshire Avenue, Wayzata Boulevard,
Louisiana Avenue and Interstate 394 for trips to and from the site.
5. Work shall be limited to the hours between 7:00 a.m. and 9:00 p.m. on weekdays and
9:00 a.m. and 4:00 p.m. on weekends if ne'4ed.
6. Upon completion of excavation and filling, the applicant shall restore all disturbed
parking, dnveways, paths, and landscaped areas. Sod or seed shall be installed upon any
affected portions of the site, where appropriate.
Resolb:tion No. 06-068 -3-
0 7. The City will not issue building permits for the planned apartment building until:
a. The Planned Unit Development Application is approved.
b. The applicant implements the Response Action Plan and the Implementation
Report has been submitted to the City of St. Louis Park and Minnesota Pollution
Control Agency (MPCA).
8. The applicant shall provide to the City a copy of the No Action Letter or related
communications from MPCA.
9. 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.
10. 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.
11. Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of an erosion control permit.
12. Approval of an erosion control 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 onginal Resolution
No. 06-068 adopted at the St. Louis Park City Council meeting held on April 3, 2006.
WITNESS my harid-andrthe Seal of the City of St. Louis Park this 25th day of April, 2006.
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Nancy J. Str th, ity Clerk
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