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Home My WebLink About06-139 - ADMIN Resolution - City Council - 2006/09/05RESOLUTION NO. 06-139 Amends and Restates Resolutions 6258, 6173, 87-209, and 03-103 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 03-103 ADOPTED ON OCTOBER 10, 2003, AND RESOLUTIONS 87-209, 6258, AND 6173 AND GRANTING AN AMENDMENT TO AN EXISTING SPECIAL PERMIT UNDER SECTION 36-36(d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EXTERIOR MODIFICATIONS FOR AN EXISTING RESTAURANT FOR PROPERTY ZONED 0 - OFFICE DISTRICT LOCATED AT 5875 WAYZATA BOULEVARD Findings WHEREAS, Carlson Restaurants Worldwide has made application to the City Council for an amendment to an existing special permit under Section 36-36(d)(4) of the St. Louis Park Ordinance Code to allow exterior modifications for an existing restaurant at 5875 Wayzata Boulevard, within a 0 - Office Distnct having the following legal descnption: Lot 4, Block 2, Park Plaza (Torrens) WHEREAS, the City Council has considered the information related to Planning Case ® Nos. 78 -127 -DDD, 79 -13 -SP, 03 -26 -CUP, and 06 -55 -CUP and the effect of the proposed exterior modifications for an existing restaurant 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 and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a special permit was issued regarding the subject property pursuant to Resolution No. 6173 of the St Louis Park City Council dated November 20, 1978 which contained conditions applicable to said property; and WHEREAS, an amendment to the existing special permit was issued regarding the subject property pursuant to Resolution No. 6258 of the St. Louis Park City Council dated May 7, 1979 which contained conditions applicable to said property; and WHEREAS, a second special permit running concurrently with the restaurant special permit was issued regarding the subject property pursuant to Resolution No. 7019 of the St Louis Park City Council dated December 7, 1981 which also amended Resolution No. 6258 which contained conditions applicable to said property; and WHEREAS, the second special permit was subsequently rescinded and replaced by Resolution number 85-102, which was rescinded and replaced by Resolution 87-209 which continued and amended the special permit and added conditions pertaining to an addition to the existing nine -story office building; and WHEREAS, Resolution No. 03-103 combined both existing special permits into one special permit for the property; and Resolution No. 06-139 -2- WHEREAS, it is also the intent of this resolution to remove the conditions required by Resolution No. 03-103 and add the amendments now required, and to consolidate all conditions applicable to the subject property into this resolution, WHEREAS, the contents of Planning Case File 06 -55 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion NOW THEREFORE BE IT RESOLVED that Resolution No. 6258 (document not filed) and Resolution No 87-209 are hereby combined, restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting a restaurant within the 0 - Office District at the location descnbed above based on the following conditions: 1. The site shall be' developed, used and maintained in accordance with Exhibit A - Site Plan; Exhibit B - Planting and lighting Plan; Exhibit C - Grading Plan; Exhibit D - Garage Level Plan; Exhibit E - Elevation Plans; Exhibit F - Site Plan and Utility Diagram, except as modified on November 9, 1978 and on July 1, 1985, and on August 18, 2003. (Exhibits are on file in the City Development office at the City of St. Louis Park.) 2. All landscaping, parking improvements, curbing, sodding, building construction and related elements as shown on the exhibits shall be completed by October 15, 1980. 3. -That a Class III restaurant be allowed on the first floor as shown on Exhibit G - Cafetena, containing no more than 1,800 square feet of floor area and without any extenor signage 4. An addition to the east side of the building containing 1,866 square feet is hereby permitted in accordance with Exhibit H - Park Place Office Building Addition Site Plan/Floor Plan; and Exhibit I - Park Place Office Building Addition Elevations. Said Exhibits H and I supersede the exhibits in Condition No. 1, but only to the extent relative to the 1,866 square foot addition and realignment of the abutting driveway connecting the two parking lots and adjacent landscaping. If the proposed addition is constructed, it shall be completed, including the said landscaping adjustments and dnveway, by May 15, 1986. 5. An addition to the northeast side of the building containing 1,492 square feet is hereby permitted in accordance with Exhibit Al - Site Plan and Planting Plan; and Exhibit El - Elevation Plan, with all improvements to be completed by October 30, 1988. 6 The following conditions pertain to the restaurant building located in the northwest corner of the subject property: a. The site shall be developed, used and maintained in accordance with Exhibit A, Site Plan; Exhibit B, Planting and Lighting Plan; Exhibit C, Grading Plan, Exhibit D, Garage Level Plan, Exhibit E, Elevation Plans; Resolution No. 06-139 -3- Exhibit F, Site Plan and Utility Diagram, except as modified by the Planning Department on November 8, 1978; and as amended by condition "h" adopted on August 18, 2003 b. All landscaping, parking improvements, curbing, sodding, building construction, and related elements shown on the exhibits, shall be completed by October 15, 1980. c. That the northwest corner of the lot be developed, used, and maintained in accordance with the following site plans and development plans: Sheet Al, A3, A4 and SCI and the Landscape Plan, Exhibit G d. That the extenor columns be brick, compatible and consistent with the bnck planter e. f. That all on -sale liquor sales shall occur only within the restaurant building and the attached patio court adjacent to the northwest corner of the building as shown on the site plan. g. That all landscaping, site development, and construction required and as shown on the exhibits, be completed by May 15, 1980. of the preceding conditions and allow extenor modifications to the (1) The restaurant extenor shall be modified and maintained in h. The special permit shall be amended on September 5, 2006 to incorporate all of the preceding conditions as modified and allow exterior modifications to the existing restaurant subject to the following conditions: The Extenor Elevation Exhibit is hereby replaced with the attached exhibit marked as Elevation Exhibit 2006. (2) Prior to issuing a building permit for the remodel of the TGI Friday's, the applicant shall: a. Provide proof of recording the administrative lot split at Hennepin County. Resolution No. 06-139 -4- b. Provide a revised Utility, Encroachment and Parking Easements Agreement reflecting the new legal description of the TGI Fnday's parcel Under the Zoning Ordinance, 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 building permit. Review -d it Administration: City M Attest. er City Clerk Adopted by the City Council September 5, 2006 L Mayo