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HomeMy WebLinkAbout08-137 - ADMIN Resolution - City Council - 2008/10/20RESOLUTION NO. 08-137 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXPORT OF MORE THAN 400 CUBIC YARDS OF SOIL FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL LOCATED AT 2544 STATE HIGHWAY 100 BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The St. Louis Park Emergency Prorgam (STEP) has 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 exporting more than 400 cubic yards of soil within a R-1 Single Family Residential District located at 2455 State Highway 100 for the legal description as follows, to -wit: Par 1: That part of the South 336.2 feet, as measured along the West line thereof, of the Northwest Quarter of Section 31, Township 29, Range 24, lying Westerly of a line parallel to and 100 feet Westerly from the following described line: Beginning at a point on the North line of said Northwest Quarter, distant 1316.42 feet West from the Northeast corner thereof; thence Southwesterly at an angle of 78 degrees 57 minutes 13 seconds with said North line a distance of 801.9 feet; thence deflecting to the right on a 1 degree curve, delta angle 9 degrees 4 minutes, a distance of 906.7 feet; thence on a tangent to said curve a distance of 527.4 feet; thence deflecting to the left on a 1 degree 30 minute curve, radius 3819.83 feet, a distance of 700 feet and there terminating. Par 2: That part of the North Half of the vacated 26th St. dedicated in the palt of "American Security Investment Co's Oak Terrace" lying between the Northerly extensions across it of the East and West lines of Lot 14, Block 2, in said plat. Subject to snow fence easements in favor of the State of Minnesota, as set forth in Book 1390 of Deeds, Page 373 and in Book 412 of Miscellaneous Records, Page 148; (as to land in Par 1) Subject to an easement for trunk highway purposes in favor of the State of Minnesota, over and across the South 30 feet lying East of the West 330 feet and Westerly of Trunk Highway No. 100=130, said easement acquired by deed of highway easement dated June 4, 1936, recorded in the office of the Register of deeds in Book 1390 of Deeds, Page 373, on September 11, 1936; (as to land in Par 1) Subject to a sewer easement in favor of the City of St. Louis Park described as follows: That part of the North 15 feet of the South 238.7 feet of the Southwest Quarter of the Northwest Quarter of Section 31, Township 29, Range 24 lying east of the West 188.1 feet thereof and West of State Highway No. 100. Also the North 112.5 feet of the South 336.2 feet of the East 15 feet of the West 188.1 feet of the Southwest Quarter of the Northwest Quarter of said Section. Being the easement acquired by condemnation proceedings as recorded in Book 2239 of Deeds on Page 133; (as to land in Par 1) Resolution No. 08-137 -2- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -31 -CUP) and the effect of the proposed export of soil 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 export of soil 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 export of soil 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 -31 -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 the export of more than 400 cubic yards of soil at 2544 State Highway 100 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. 2. Prior to starting any site work, the following conditions shall be met: a. A pre -excavation conference shall be held with the appropriate development, construction and city representatives. b. All necessary erosion control measures shall be installed. c. All necessary permits must be obtained. 3. The applicant shall comply with the following conditions during excavation: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 9:00 a.m. on weekends. 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 Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 4. The applicant shall follow the following haul route: a. Traveling south, all vehicles shall travel along the Highway 100 frontage road and directly enter onto Highway 100. Traveling north, all vehicles shall travel along the Highway 100 frontage road and directly enter onto Highway 100. b. Vehicles hauling excavation materials are prohibited from traveling on residential streets. Resolution No. 08-137 -3- 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. Approval of a Building Permit, which may impose additional requirements. T e ty Clerk is instructed to record certified copies of this resolution in the Office of the enne Revie n County Register of Deeds or Registrar of Titles as the case may be. for Administration: /11 City' Attest: • Adopted -by the City Council October 20, 2008 Mayor vv -37 111111111111 Ills ILII IIBI 010 IAII IVII III IIII Doc No 4551075 12/12/2008 11 00 AM Certified filed and or recorded on above date Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles TranslD 459579 New cert Cert 627808 Deputy 55 Fees $1 50 AF $10 50 STATEFEE $34 00 TDOCFEE $0 00 TSUR $46 00 Total • RESOLUTION NO. 08-137 (0 riY08 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXPORT OF MORE THAN 400 CUBIC YARDS OF SOIL FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL LOCATED AT 2544 STATE HIGHWAY 100 BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The St. Louis Park Emergency Prorgam (STEP) has 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 exporting more than 400 cubic yards of soil within a R-1 Single Family Residential District located at 2455 State Highway 100 for the legal description as follows, to -wit: Par 1: That part of the South 336.2 feet, as measured along the West line thereof, of the Northwest Quarter of Section 31, Township 29, Range 24, lying Westerly of a line parallel to and 100 feet Westerly from the following described line: Beginning at a point on the North line of said Northwest Quarter, distant 1316.42 feet West from the Northeast corner thereof; thence Southwesterly at an angle of 78 degrees 57 minutes 13 seconds with said North line a distance of 801.9 feet; thence deflecting to the right on a 1 degree curve, delta angle 9 degrees 4 minutes, a distance of 906.7 feet; thence on a tangent to said curve a distance of 527.4 feet; thence deflecting to the left on a 1 degree 30 minute curve, radius 3819.83 feet, a distance of 700 feet and there terminating. Par 2: That part of the North Half of the vacated 26th St. dedicated in the palt of "American Security Investment Co's Oak Terrace" lying between the Northerly extensions across it of the East and West lines of Lot 14, Block 2, in said plat. Subject to snow fence easements in favor of the State of Minnesota, as set forth in Book 1390 of Deeds, Page 373 and in Book 412 of Miscellaneous Records, Page 148; (as to land in Par 1) Subject to an easement for trunk highway purposes in favor of the State of Minnesota, over and across the South 30 feet lying East of the West 330 feet and Westerly of Trunk Highway No. 100=130, said easement acquired by deed of highway easement dated June 4, 1936, recorded in the office of the Register of deeds in Book 1390 of Deeds, Page 373, on September 11, 1936; (as to land in Par 1) Resolution No. 08-137 -2- Subject to a sewer easement in favor of the City of St. Louis Park described as follows: That 4111 part of the North 15 feet of the South 238.7 feet of the Southwest Quarter of the Northwest Quarter of Section 31, Township 29, Range 24 lying east of the West 188.1 feet thereof and West of State Highway No. 100. Also the North 112.5 feet of the South 336.2 feet of the East 15 feet of the West 188.1 feet of the Southwest Quarter of the Northwest Quarter of said Section. Being the easement acquired by condemnation proceedings as recorded in Book 2239 of Deeds on Page 133; (as to land in Par 1) 0 o 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -31 -CUP) and the effect of the proposed export of soil 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 export of soil 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 export of soil 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 -31 -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 the export of more than 400 cubic yards of soil at 2544 State Highway 100 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. 2. Prior to starting any site work, the following conditions shall be met: a. A pre -excavation conference shall be held with the appropriate development, construction and city representatives. b. All necessary erosion control measures shall be installed. c All necessary permits must be obtained. 3. The applicant shall comply with the following conditions during excavation: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 9:00 a.m. on weekends. 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. J e. The Zoning Administrator may impose additional conditions if it becomes necessary in 0 order to mitigate the impact of excavation on surrounding properties. -' • Resolution No. 08-137 -3- II 4. The applicant shall follow the following haul route: a. Traveling south, all vehicles shall travel along the Highway 100 frontage road and directly enter onto Highway 100. Traveling north, all vehicles shall travel along the Highway 100 frontage road and directly enter onto Highway 100. b. Vehicles hauling excavation materials are prohibited from traveling on residential streets. 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. 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. 08-137 adopted at the St. Louis Park City Council meeting held on October 20, 2008. WITNESS my hand and the Seal of the City of St. Louis Park this 2nd day of December, 2008. Nan . Stroth, City Clerk