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Home My WebLink About06-176 - ADMIN Resolution - City Council - 2006/11/06RESOLUTION NO. 06-176 Amends and Restates Resolution No. 06-139 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 06-139 ADOPTED ON SEPTEMBER 5, 2006, AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36-36 OF THE ST. LOUIS PARK ZONING ORDINANCE TO ALLOW THE CONSTRUCTION OF AN 800 SQUARE FOOT ADDITION AT 5775 WAYZATA BOULEVARD Findings WHEREAS, Center for Diagnostic Imaging-CDI (Park Place Opco, LLC), has made application to the City Council for an amendment to an existing special permit under Section 36-36 of the St. Louis Park Ordinance Code to allow the construction of an 800 square foot addition at 5775 Wayzata Boulevard within an (0) Office Zoning District having the following legal descnption: That part of Lot 4, Block 2, Park Plaza, Hennepin County; lying southerly and easterly of the following described line: Commencing at the most northerly corner of said Lot 4; thence on a plat bearing of South 47 degrees 01 minute 08 seconds West along the northwesterly line of said Lot 4 a distance of 140.50 feet, thence South 01 degree 39 minutes 00 seconds West, along the west line of said Lot 4, a distance of 85.62 feet to the Point of Beginning of the line to be descnbed; thence South 89 degrees 40 minutes 35 seconds East a distance of 168.50 feet; thence North 00 degrees 02 minutes 16 seconds East a distance of 179.50 feet; thence North 00 degrees 02 minutes 16 seconds East a distance of 179.69 feet to the North line of said Lot 4 and there terminating. Subject to that portion taken for highway purposes in the Final Certificate filed under Doc. No. 2498477. Subject to drainage easement as shown on plat, subject to drainage and utility easements as shown on plat, Subject to drainage easements as shown on the plat of Minneapolis Baseball and Athletic Association Addition and Deed Doc. No. 683511, but free from the utility easements of the plat and Doc. No. 683511; (Now as to above land) Together with a non-exclusive easement for dnveway and sidewalk purposes over adjoining Tract B, Registered Land Survey No. 1512, as created in Document No. 1431433. (See Order Doc. No. 2460505). WHEREAS, the City Council has considered the information related to Planning Case Nos. 78 -127 -DDD, 81 -114 -SP, 85 -31 -SP, 87 -84 -SP, 04 -58 -CUP, 06 -55 -CUP and 06 -65 -CUP and the effect of the proposed amendment to the site plan 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. 87-209 of the St. Louis Park City Council dated December 21, 1987, which contained conditions applicable to said property; and Resolution No. 06-176 -2- WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requinng,the amendment of that special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 06-139, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Case Nos. 78 -127 -DDD, 81 -114 -SP, 85 -31 -SP, 87 -84 -SP, 04 -58 -CUP, 06 -55 -CUP and 06 -65 -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. 06-139 is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting the construction of an 800 square foot addition within the (0) Office District at the location described 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 exterior 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 dnveway connecting the two parking lots and adjacent landscaping. If the proposed addition is constructed, it shall be completed, including the said landscaping adjustments and driveway, 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: • • Resolution No. 06-176 -3- 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; 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 SC1 and the Landscape Plan, Exhibit G. d. That the extenor columns be bnck, compatible and consistent with the bnck planter e. 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. f. That all landscaping, site development, and construction required and as shown on the exhibits, be completed by May 15, 1980. g. 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: (1) The Exterior Elevation Exhibit is hereby replaced with the attached exhibit marked as Elevation Exhibit 2006. (2) Pnor to issuing a building permit for the remodel of the TGI Fnday's, the applicant shall: a. Provide proof of recording the administrative lot split at Hennepin County. b. Provide a revised Utility, Encroachment and Parking Easements Agreement reflecting the new legal descnption of the TGI Fnday's parcel. 7. The special permit shall be amended on November 6, 2006 to incorporate all of the preceding conditions and to add the following conditions to permit the construction of an 800 square foot addition to the office building: a. The addition is to be constructed as illustrated in the site plan, landscaping exhibits and building elevation exhibits. IIIIn addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Resolution No. 06-176 -4- 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 Ass- t form and official exhibits must be signed by applicant (or applicant and owner if apple ant is different from owner) pnor to issuance of building permit. Re e ed for Administration: Attest. ity Clerk 9 Adopted by the City Council November 6, 2006 f M