HomeMy WebLinkAbout06-098 - ADMIN Resolution - City Council - 2006/06/05RESOLUTION NO. 06-098
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT EXCAVATION OF OVER 400
CUBIC YARDS OF MATERIAL FOR PROPERTY ZONED R-1 SINGLE
FAMILY RESIDENTIAL ZONING DISTRICT LOCATED AT 8300
FRANKLIN AVENUE WEST (WESTWOOD HILLS PARK)
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. The City of St. Louis Park 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 of over 400 cubic yards of matenal within an R-1 Single Family
Residential Zoning Distnct located at 8300 Franklin Avenue West.
2. The City Council has considered the advice and recommendation of approval by the
Planning Commission (Case No. 06 -43 -CUP) and the effect of the proposed excavation
of over 400 cubic yards of material 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 of over 400 cubic yards of matenal 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 senously depreciate surrounding
property values, and the proposed excavation 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 -43 -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 the excavation of over 400 cubic yards of material 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 starting any site work, the following conditions shall be met:
a. A pre -excavation conference shall be held with the appropriate development,
construction and city representatives.
b. All necessary erosion control measures shall be installed.
c. All necessary permits must be obtained.
Resolution No. 06-098 -2-
3. The applicant shall comply with the following conditions during excavation:
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
10:00 p.m. and 9:00 a.m. on weekends.
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 debns 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 excavation on surrounding properties.
4. The applicant shall follow the following haul route:
a. Traveling south to Franklin Avenue from the Westwood Hills Nature Center, all
vehicles hauling excavated materials shall proceed east to Texas Avenue. Upon
reaching Texas Avenue, vehicles shall proceed north to the I-394 Frontage Road,
whereby they can access I-394 and their final destination.
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
epin County Register of Deeds or Registrar of Titles as the case may be.
d for Administration: Adopted by the City Council June 5, 2006
City M
Attest:
ager
Mfiy