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HomeMy WebLinkAbout09-013 - ADMIN Resolution - City Council - 2009/01/20RESOLUTION NO. 09-013 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION OF FILL 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 School 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 excavation of fill 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 1A. Subject to roads. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -44 -CUP) and the effect of the proposed excavation of fill 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 excavation of fill 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 excavation of fill 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 -44 -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 excavation of fill at the location described is granted based on the findings set forth above and subject to the following conditions: III1. 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: Resolution No. 09-013 -2- 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 10 p.m. and 7 a.m. on weekdays and 10:00 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 onto southbound 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. 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. Apoval of a Building Permit, which may impose additional requirements. e C ty Clerk is instructed to record certified copies of this resolution in the Office of the Henne in County Register of Deeds or Registrar of Titles as the case may be. Rev d fo : • inistration: 40-trAllik I_ f1I/11111, • City Attest: �Yl Griyt �-1 City Clerk t Adopted by e C 'is, Council January 20, 2009 1d Mayor t 09 a 3 I 1111111 1111 11111 IIIII OP III 1011 II III III i Doc No A9317638 I I I /'� Certified filed and/or recorded on f 2/4/09 4 30 PM 4,7 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 $46 00 This cover sheet is now a permanent part of the recorded document ,11 AV • • RESOLUTION NO. 09-013 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION OF FILL 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 School 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 excavation of fill 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 'A 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 1/2 of the Northwest IA. Subject to roads. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -44 -CUP) and the effect of the proposed excavation of fill 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 excavation of fill 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 excavation of fill 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 -44 -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 excavation of fill 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. Resolution No. 09-013 -2- 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 10 p.m. and 7 a.m. on weekdays and 10:00 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 onto southbound 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. 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 ) ) ) ss 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. 09-013 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. Nan Ot—roth, City Clerk