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HomeMy WebLinkAbout08-063 - ADMIN Resolution - City Council - 2008/05/050 RESOLUTION NO. 08-063 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-166 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A MULTI -FAMILY DWELLING FOR PROPERTY ZONED R-4 MULTI- FAMILY RESIDENTIAL ZONING DISTRICT LOCATED AT 4101 3157 STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Emery Art Development, LLC (Merlin Brown) has made application to the City Council for a Conditional Use Permit under Section 36-166 of the St. Louis Park Ordinance Code for the purpose of construction of a multi -family dwelling within a R-4 Multi -Family District located at 4101 31" Street West for the legal description as follows, to -wit: That part of Lots One (1), Two (2), and Three (3), Block Five (5), lying East of the West 38.7 feet, including adjacent 30 feet of Halifax Avenue vacated and all of Lot Four (4), Block Five (5), together with 6 feet of alley vacated adjoining rear of said Lot Four (4), and that part of Halifax Avenue vacated described as: Commencing 120 feet South of Northeast corner of Block Five (5), thence East 30 feet, thence South 20 feet, thence Southwesterly to the Southeast corner of Lot Four (4), Block Five (5), thence North to the beginning, "Manhattan Park, Minneapolis, Minnesota", Hennepin County, Minnesota Abstract 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -05 -CUP) and the effect of the proposed multi -family dwelling 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 multi -family dwelling 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 multi -family dwelling is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 08 -05 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion 40 The Conditional Use Permit to permit a multi -family dwelling at the location described is granted based on the findings set forth above and subject to the following conditions: Resolution No. 08-063 -2- 1. A multiple unit condominium building is approved for the site. The building shall not exceed nine units in size and must be in accordance with the official exhibits. 2. Prior to starting any site work, the following conditions shall be met: a. A preconstruction meeting shall be held with the appropriate development, construction and City representatives. b. All necessary permits must be obtained. c. Specifications for tree protection and erosion control fencing must be submitted and approved by the City Forester. Required tree protection and erosion control fencing must be installed prior to grading activities. d. If a demolition permit is applied for in the absence of an accompanying building permit, a letter of credit in the amount of $5,000.00 shall be provided to guarantee the repair of any impacted public infrastructure and to ensure that the site remains in compliance with all requirements of the City Code for the duration of construction. 3. Prior to the issuance of a building permit, the following conditions shall be met: a. Plans shall be reviewed by the City Engineer and Zoning Administrator to ensure that all proposed utilities, public access points and construction documents conform to the requirements of the City Code of Ordinances and City policies. b. To ensure construction of the landscaping, other required public improvements, and the cleaning of public streets during construction, a financial guarantee shall be provided in the amount of 125% of the cost of the landscaping materials. c. Park dedication fees must be paid. d. Trail dedication fees must be paid. 4. The developer shall comply with the following conditions during construction: 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 neighborhood properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The site shall be kept free of dust and debris that could blow onto neighboring properties. f. 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 g. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. Resolution No. 08-063 -3- 5. Prior to the issuance of any temporary or permanent occupancy permit the following shall be • completed: a. Fire lanes shall be signed and striped in accordance with the signed Official Exhibits. b. Landscaping and irrigation shall be in accordance with the signed Official Exhibits. c. Exterior building improvements shall be completed in accordance with the signed Official Exhibits and approved materials and colors. d. All roof top mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. 6. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. 7. All utility lines and structures must be placed underground or inside the building. Staff shall verify that construction documents include the placement of all utilities lines or structures underground or inside the building prior to issuance of the building permit. 8. Construction plans shall indicate the location of the concrete wash-out area, which shall not be located on any required landscaping areas. 9. The developer shall pay an administrative fine of $750.00 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. T e ity Clerk is instructed to record certified copies of this resolution in the Office of the nne in County Register of Deeds or Registrar of Titles as the case may be. Rev -d for Administration: City Attest: Adopted -by -the City Council May 5, 2008 Mayor IIIU II II UII IUI IUI HIU IIII IIH IIl Doc No 9155140 07/03/2008 038 PM Certified filed and or recorded on ' bove date Office of the County Ri9 order Hennepin County, Mnesota Michael H Cunniff, Co my Recorder Tr nslD 418061 Deputy 11 Fees $35 50 DOC $10 50 SUR $46 00 Total 0 RESOLUTION NO. 08-063 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-166 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A MULTI -FAMILY DWELLING FOR PROPERTY ZONED R-4 MULTI- FAMILY RESIDENTIAL ZONING DISTRICT LOCATED AT 4101 31ST STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Emery Art Development, LLC (Merlin Brown) has made application to the City Council for a Conditional Use Permit under Section 36-166 of the St. Louis Park Ordinance Code for the purpose of construction of a multi -family dwelling within a R-4 Multi -Family District located at 4101 31s` Street West for the legal description as follows, to -wit: That part of Lots One (1), Two (2), and Three (3), Block Five (5), lying East of the West 38.7 feet, including adjacent 30 feet of Halifax Avenue vacated and all of Lot Four (4), Block Five (5), together with 6 feet of alley vacated adjoining rear of said Lot Four (4), and that part of Halifax Avenue vacated described as: Commencing 120 feet South of Northeast corner of Block Five (5), thence East 30 feet, thence South 20 feet, thence Southwesterly to the Southeast corner of Lot Four (4), Block Five (5), thence North to the beginning, "Manhattan Park, Minneapolis, Minnesota", Hennepin County, Minnesota Abstract 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -05 -CUP) and the effect of the proposed multi -family dwelling 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 multi -family dwelling 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 multi -family dwelling is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. ` 4. The contents of Planning Case File 08 -05 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. 0 0 Resolution No. 08-063 -2- Conclusion The Conditional Use Permit to permit a multi -family dwelling at the location described is granted based on the findings set forth above and subject to the following conditions. 1. A multiple unit condominium building is approved for the site. The building shall not exceed nine units in size and must be in accordance with the official exhibits. 2. Prior to starting any site work, the following conditions shall be met: a. A preconstruction meeting shall be held with the appropriate development, construction and City representatives. b. All necessary permits must be obtained. c. Specifications for tree protection and erosion control fencing must be submitted and approved by the City Forester. Required tree protection and erosion control fencing must be installed prior to grading activities. d. If a demolition permit is applied for in the absence of an accompanying building permit, a letter of credit in the amount of $5,000.00 shall be provided to guarantee the repair of any impacted public infrastructure and to ensure that the site remains in compliance with all requirements of the City Code for the duration of construction. 3. Prior to the issuance of a building permit, the following conditions shall be met: a. Plans shall be reviewed by the City Engineer and Zoning Administrator to ensure that all proposed utilities, public access points and construction documents conform to the requirements of the City Code of Ordinances and City policies. b. To ensure construction of the landscaping, other required public improvements, and the cleaning of public streets during construction, a financial guarantee shall be provided in the amount of 125% of the cost of the landscaping materials. c. Park dedication fees must be paid. d. Trail dedication fees must be paid. 4. The developer shall comply with the following conditions during construction: 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 neighborhood properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The site shall be kept free of dust and debris that could blow onto neighboring properties. f. 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 g. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 0 Resolution No. 08-063 -3- 5. Prior to the issuance of any temporary or permanent occupancy permit the following shall be completed: a. Fire lanes shall be signed and striped in accordance with the signed Official Exhibits. b. Landscaping and irrigation shall be in accordance with the signed Official Exhibits. c. Exterior building improvements shall be completed in accordance with the signed Official Exhibits and approved materials and colors. d. All roof top mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. 6. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. 7. All utility lines and structures must be placed underground or inside the building. Staff shall verify that construction documents include the placement of all utilities lines or structures underground or inside the building prior to issuance of the building permit. 8. Construction plans shall indicate the location of the concrete wash-out area, which shall not be located on any required landscaping areas. 9. The developer shall pay an administrative fine of $750.00 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 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. 08-063 adopted at the St. Louis Park City Council meeting held on May 5, 2008. WITNESS my hand and the Seal of the City of St. Louis Park this 20th day of June, 2008. Nancy J. Stro , City Clerk