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HomeMy WebLinkAbout07-077 - ADMIN Resolution - City Council - 2007/07/16RESOLUTION NO. 07-077 Amends and Restates Resolution No. 85-105 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 85- 105 ADOPTED ON JULY 15, 1985, AND GRANTING MAJOR AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36- 36(d) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO REMOVE THE MOTOR FUEL SALES USE AND EXPAND THE MOTOR VEHICLE SERVICE AND REPAIR USE AT 5925 EXCELSIOR BOULEVARD FINDINGS WHEREAS, Distyle Design, P.C., has made application to the City Council for a major amendment to an existing special under Section 36-36(d) of the St. Louis Park Ordinance Code to remove the motor fuel sales use and expand the motor vehicle service and repair use at 5925 Excelsior Boulevard within a C-2 General Commercial Zoning Distnct having the following legal description: Lots 18 and 19, and that part of Lot 2 lying West of a line forty feet (40') West of and measured at nght angles to the center line of the main track of the Minneapolis, Northfield and Southern Railway, as now located and constructed, and that part of Lot 3 lying West of a line drawn parallel to and distant Westerly thirty-three feet (33') measured at right angles to the said center line of said Minneapolis, Northfield and Southern Railway main line track, all in Block 5, Suburban Home Co.'s Addition, Hennepin County, Minnesota WHEREAS, the City Council has considered the information related to Planning Case No. 07 -23 -CUP and the effect of the proposal 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. 85-105 of the St. Louis Park City Council dated July 15, 1985 which contained conditions applicable to said property, and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special permit; and WHEREAS, it is the intent of this resolution to amend and restate the conditions of the permit granted by Resolution No. 85-105, 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. 85 -15 -SP and 07 -23 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 85-105 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of operating a the motor vehicle service and repair use at the location described above based on the following conditions: Resolution No. 07-077 -2- 1. The site be developed, used and maintained in accordance with Exhibit A — Site Plan, Exhibit B - Elevation Plan, Exhibit C — Landscape Plan and Exhibit D - Grading Plan. 2. The Landscaping Plan integrates the adopted Excelsior Blvd Streetscape Plan. 3. That the outdoor trash area be completely enclosed on all four sides with bnck to match the principal structure except for a permanent solid gate that is non -transparent necessary for access. 4. That the entire parking lot and driveways be delineated by a poured in place concrete curb extending not less than six inches above grade. 5. That all utility installations be placed underground. 6. That there be no outdoor storage of trash, vehicle parts, trash containers or matenals except as allowed to be located in the enclosed trash area. 7. Inoperable vehicles shall not be stored outside except those scheduled for service within two weeks of receipt of vehicle. 8. That the property comply with all sections of the motor vehicle service and repair requirements as contained in the City's Zoning Ordinance. 9. That a financial guarantee in the amount of 125% of the required improvements, including, but not limited to, landscaping, curbing, parking and striping, and other elements as contained on the approved site plan. 10. The site shall be developed, used and maintained in accordance with exhibits incorporated by reference herein. 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, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. A ent orm and official exhibits must be signed by applicant (or applicant and owner if aIphcan is different from owner) pnor to issuance of building permit. Revi we fo Administration: City Ma Attest: :g. City Clerk Ado the City Council July 16, 2007 Mayor