HomeMy WebLinkAbout09-012 - ADMIN Resolution - City Council - 2009/01/20•
RESOLUTION NO. 09-012
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 36-292 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT MODIFICATION TO THE
FLOODPLAIN FOR PROPERTY ZONED R-1 SINGLE FAMILY
RESIDENTIAL DISTRICT LOCATED AT 2501 HIGHWAY 100 SOUTH
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Benilde-St. Margaret's has made application to the City Council for a Conditional Use Permit
under Section 36-292 of the St. Louis Park Ordinance Code for the purpose of modification to the
floodplain within a R-1 Single Family Residential District located at 2501 Highway 100 South for
the legal description as follows, to -wit:
That part of the South 1/2 of the Northwest 1/4 of Section 31, Township 29, Range 24
lying east of State Highway No. 100, north of the south 330.00 feet thereof, and
west of the east 450.00 feet thereof; also the west 233.58 feet of the east 450.00 of
the north 500 feet of said South l of the Northwest 1/4.
IIISubject to roads.
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 08 -43 -CUP) and the effect of the proposed modification to the floodplain
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 modification to the floodplain 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
modification to the floodplain 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 -43 -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 modification to the floodplain at the location described is
granted based on the findings set forth above and subject to the following conditions:
Resolution No. 09-012 -2-
1. The site shall be developed, used and maintained in accordance with Exhibits
incorporated by reference herein.
2. Any fill in the floodplain shall be in compliance with the requirements of City Code,
Section 36-294, and any additional requirements imposed by the City Engineer.
3. Prior to beginning site work, the applicant shall:
a. Obtain all necessary permits and approvals from the Minnehaha Creek
Watershed District prior to beginning site work.
b. Hold a pre -development meeting with the City Engineer and any contractors
conducting work in the floodplain.
c. Provide a staging plan to the City Engineer demonstrating the progression of
work on the site to guarantee that during construction there is not any net
increase in the flood stage.
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 Clerk is instructed to record certified copies of this resolution in the Office of the
He nepi County Register of Deeds or Registrar of Titles as the case may be.
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City Manag:( 1
ministration:
Attest:
Adopted b the City Council January 20, 2009
Mayor
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Doc No A9317698 ��/
Certified filed and/or recdrded on
2/5/09 12 00 PM
Office of the Count Recorder
Hennepin County Minnesota
Michael H Cunniff, ounty Recorder
Jill L Alverson, Count iAuditor and Treasurer
Deputy 11 Pkg ID 511779
Doc Name: Resolutio
Document Recording ee $46 00
Document Total $46 00
This cover sheet is now a permanent part of the recorded document
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RESOLUTION NO. 09-012
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 36-292 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT MODIFICATION TO THE
FLOODPLAIN FOR PROPERTY ZONED R-1 SINGLE FAMILY
RESIDENTIAL DISTRICT LOCATED AT 2501 HIGHWAY 100 SOUTH
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Benilde-St. Margaret's has made application to the City Council for a Conditional Use Permit
under Section 36-292 of the St. Louis Park Ordinance Code for the purpose of modification to the
floodplain within a R-1 Single Family Residential District located at 2501 Highway 100 South for
the legal description as follows, to -wit:
That part of the South 1/2 of the Northwest 1/4 of Section 31, Township 29, Range 24
lying east of State Highway No. 100, north of the south 330.00 feet thereof, and
west of the east 450.00 feet thereof; also the west 233.58 feet of the east 450.00 of
the north 500 feet of said South 1 of the Northwest 1/4.
Subject to roads.
2 The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 08 -43 -CUP) and the effect of the proposed modification to the floodplain
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 modification to the floodplain 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
modification to the floodplain is in harmony with the general purpose and intent of the Zoning
Ordinance and the Comprehensive Plan.
a4. The contents of Planning Case File 08 -43 -CUP are hereby entered into and made part of the
public hearing record and the record of decision for this case.
Conclusion
Resolution No. 09-012 -2-
The Conditional Use Permit to permit modification to the floodplain at the location described is
IIIgranted 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. Any fill in the floodplain shall be in compliance with the requirements of City Code,
Section 36-294, and any additional requirements imposed by the City Engineer.
3. Prior to beginning site work, the applicant shall:
a. Obtain all necessary permits and approvals from the Minnehaha Creek
Watershed District prior to beginning site work.
b. Hold a pre -development meeting with the City Engineer and any contractors
conducting work in the floodplain.
c. Provide a staging plan to the City Engineer demonstrating the progression of
work on the site to guarantee that during construction there is not any net
increase in the flood stage.
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.
IIUnder 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.
0
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
CITY OF ST. LOUIS PARK
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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.
09-012 adopted at the St. Louis Park City Council meeting held on January 20, 2009.
WITNESS my hand and the Seal of the City of St. Louis Park this 27th day of January, 2009.
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