HomeMy WebLinkAbout09-008 - ADMIN Resolution - City Council - 2009/01/05RESOLUTION NO. 09-008
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 36-193(d)(6) OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT IN -VEHICLE SALES FOR
PROPERTY ZONED C-1 NEIGHBORHOOD COMMERCIAL DISTRICT
LOCATED AT 3900 MINNETONKA BOULEVARD
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Daniel G. Miller (Mulberry's LLC) has made application to the City Council for a
Conditional Use Permit under Section 36-193(d)(6) of the St. Louis Park Ordinance Code for the
purpose of in -vehicle sales within a C-1 Neighborhood Commercial District located at 3900
Minnetonka Boulevard for the legal description as follows, to -wit:
that part of the Southeast Quarter of the Southeast Quarter of Section 31, Township 29,
Range 24, Hennepin County, described as follows:
beginning at the Southeast corner of said Section 31; thence West along the South line of
said section a distance of 165 feet; thence North parallel to the East line of said section a
distance of 123 feet; thence East parallel to the South line of said section a distance of 165
feet to the East line of said section; thence South along the East line of said section a distance
of 123 feet to the place of beginning according to the U.S. Government survey thereof
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 08 -47 -CUP) and the effect of the proposed in -vehicle sales 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 in -vehicle sales 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 use 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 -47 -CUP are hereby entered into and made part of the
public hearing record and the record of decision for this case.
Resolution No. 09-008 -2-
Conclusion
The Conditional Use Permit to permit in -vehicle sales 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.
2. Resolution No. 94-136 granting approval of a conditional use permit for a motor fuel station
is hereby repealed.
3. The in -vehicle service shall not utilize loud speakers or an outside menu board.
4. All customer contact points shall be located on the south side of the building.
5. A privacy fence at least six feet tall shall be maintained along the north property line.
6. Dry cleaning shall not occur at this site.
7. 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.
8. 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.
9. 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.
10. Approval of a Building Permit, which may impose additional requirements.
e
ty Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepi County Register of Deeds or Registrar of Titles as the case may be.
Revi ed for Administration:
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Attest:
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City Clerk 7
Adopted,by"the City Council January 5, 2009
Mayor
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Doc No A9317636
Certified filed and/or recorded on
2/4/09 4 30 PM
Office of the County Recorder
Hennepin County, Minnesota
Michael H Cunniff, County Recorder
Jill L Alverson, County Auditor and Treasurer
Deputy 65
Doc Name: Resolution
Document Recording Fee
Pkg ID 511740
$46 00
Document Total
This cover sheet is now a permanent part of the recorded document
$46 00