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HomeMy WebLinkAbout07-128 - ADMIN Resolution - City Council - 2007/11/05• RESOLUTION NO. 07-128 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT GRADING AND EXCAVATION FOR PROPERTY ZONED O - OFFICE DISTRICT LOCATED AT 3515 BELTLINE BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. United Properties and Park Nicollet Methodist Hospital have 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 grading and excavation within a O -Office District located at 3515 Beltline Boulevard for the legal description as follows, to -wit: Parcel 1: Block 1 and that part of Block 2 lying Southeasterly of the Southeasterly line of Belt Line Boulevard. Also that part of Block 7 lying Northeasterly of the Northeasterly line of Monterey Dr. Westmoreland Park, according to the recorded plat thereof, and situated in Hennepin County, Minnesota. Parcel 2: That part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota described as follows: A tract of land 40 feet in width lying immediately north of and adjacent to the northerly lines of Blocks 1 and 2, Westmoreland Park and lying easterly of the Southeasterly line of Belt Line Boulevard. Together with the following described vacated right-of-ways: That part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota described as follows: A tract of land lying southeasterly of a line 40.00 feet northerly of, measured at a right angle to, and parallel with the north line of Westmoreland Park, that lies easterly of the southeasterly line of Belt Line Boulevard and westerly of the northerly extension of the easterly line of Block 1, said plat. AND That part of the right-of-ways originally dedicated in the plat of Westmoreland Park, Hennepin County, Minnesota described and follows: That part of 36 1/2 Street which lies easterly of the northeasterly line of Monterey Drive and west of the centerline of Natchez Avenue; • AND That part of Ottawa Avenue, which lies northerly of the northeasterly line of Monterey Drive and south of the north line of said plat; Resolution No. 07-128 -2- AND That part of Natchez Avenue, which lies northerly of the northeasterly line of Monterey Drive and south of the north line of said plat; AND The alley contained within Block 1 of said plat; AND Those parts of the alleys contained within Block 2 of said plat lying easterly and southerly of the southeasterly line of Belt Line Boulevard; AND That part of the alley contained within Block 7 of said plat lying northerly of the northeasterly line of Monterey Drive. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 07 -50 -CUP) and the effect of the proposed grading and excavation 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 grading and excavation 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 grading and 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 07 -50 -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 grading and excavation 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 and signed by the developer. 2. The developer shall comply with the following conditions during grading and 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. 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 debris that could blow onto neighboring properties. Resolution No. 07-128 -3- d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The City shall be contacted a minimum of 72 hours prior to any work in a public street. Work in a public street shall take place only upon the determination by the Director of Public Works that appropriate safety measures have been taken to ensure motorist and pedestrian safety. f. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. g. Haul routes shall be limited to Beltline Boulevard, Highway 7, and County Road 25 In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. Approval of a Building Permit, which may impose additional requirements. e Cit nnepin Clerk is instructed to record certified copies of this resolution in the Office of the County Register of Deeds or Registrar of Titles as the case may be. Re vi Administration: City Irr Attest: City Clerk Adopted.by the City Council November 5, 2007 MayQr U il‘esti' 1111111 04-1 a$ 1 II 111 11111111 I 11111111111 1111 Doc No 9075255 12/13/2007 10 29 AM Certified filed and or recorded on above date Office of the County Recoder Hennepin County, Sir esota Michael H Cunniff, County Recorder 7�fransID 361903 Deputy 14 Fees $35 50 DOC $10 50 SUR $46 00 Total it TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES DEC 13 2007 BY' wEPJN COUNTY, MN il`®-� DEPUTY RESOLUTION NO. 07-128 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT GRADING AND EXCAVATION FOR PROPERTY ZONED 0 - OFFICE DISTRICT LOCATED AT 3515 BELTLINE BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. United Properties and Park Nicollet Methodist Hospital have 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 grading and excavation within a O -Office District located at 3515 Beltline Boulevard for the legal description as follows, to -wit: Parcel 1: Block 1 and that part of Block 2 lying Southeasterly of the Southeasterly line of Belt Line Boulevard. Also that part of Block 7 lying Northeasterly of the Northeasterly line of Monterey Dr. Westmoreland Park, according to the recorded plat thereof, and situated in Hennepin County, Minnesota. Parcel 2: That part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota described as follows: A tract of land 40 feet in width lying immediately north of and adjacent to the northerly lines of Blocks 1 and 2, Westmoreland Park and lying easterly of the Southeasterly line of Belt Line Boulevard. Together with the following described vacated right-of-ways: That part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota described as follows: A tract of land lying southeasterly of a line 40.00 feet northerly of, measured at a right angle to, and parallel with the north line of Westmoreland Park, that lies easterly of the southeasterly line of Belt Line Boulevard and westerly of the northerly extension of the easterly line of Block 1, said plat. AND That part of the right-of-ways originally dedicated in the plat of Westmoreland Park, Hennepin County, Minnesota described and follows: 1_, Resolution No. 07-128 -2- That part of 36 1/2 Street which lies easterly of the northeasterly line of Monterey Drive and west of the centerline of Natchez Avenue; AND That part of Ottawa Avenue, which lies northerly of the northeasterly line of Monterey Drive and south of the north line of said plat; AND That part of Natchez Avenue, which lies northerly of the northeasterly line of Monterey Drive and south of the north line of said plat; AND The alley contained within Block 1 of said plat; AND Those parts of the alleys contained within Block 2 of said plat lying easterly and southerly of the southeasterly line of Belt Line Boulevard; AND That part of the alley contained within Block 7 of said plat lying northerly of the northeasterly line of Monterey Drive. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 07 -50 -CUP) and the effect of the proposed grading and excavation 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 grading and excavation 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 grading and 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 07 -50 -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 grading and excavation 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 and signed by the developer. Resolution No. 07-128 -3- 1 , 2. The developer shall comply with the following conditions during grading and 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. 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 debris that could blow onto neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The City shall be contacted a minimum of 72 hours prior to any work in a public street. Work in a public street shall take place only upon the determination by the Director of Public Works that appropriate safety measures have been taken to ensure motorist and pedestrian safety. f. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. g. Haul routes shall be limited to Beltline Boulevard, Highway 7, and County Road 25 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 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 Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 07-128 adopted at the St. Louis Park City Co -ci m= -ting held on November 5, 2007. WITNESS my hand and the Seal of the City of S L►' ,s,' ark this 3 u day o November, 2007. Marcia Honol s , Dep ty City Cler