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Home My WebLink About09-036 - ADMIN Resolution - City Council - 2009/02/17RESOLUTION NO. 09-036 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79(b) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT APPROXIMATELY 800 CUBIC YARDS OF MATERIAL TO BE EXPORTED FROM PROPERTY ZONED IP — INDUSTRIAL PARK DISTRICT LOCATED AT 6560 23RD STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Vlad Sivriver has made application to the City Council for a Conditional Use Permit under Section 36-79(b) of the St. Louis Park Ordinance Code for the purpose of exporting approximately 800 cubic yards of material from property within a IP — Industrial Park District located at 6560 23`d Street West for the legal description as follows, to -wit: That part of Lot 9, Block 1, ELIOT VIEW 4TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying easterly of a line described as commencing at the northwest corner thereof; thence South 89 degrees 51 minutes 03 seconds East, on an assumed bearing, along the north line of said Lot 9, a distance of 190.87 feet to the point of beginning of line to be described; thence South 00 degrees 08 minutes 57 seconds West, a distance of 127.21 feet to the south line of said Lot 9, and said line there terminating. Also, that part of Lot 8, Block 1 ELIOT VIEW 4TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, described as commencing at the southwest corner thereof; thence South 89 degrees 51 minutes 03 seconds East, on an assumed bearing, along the south line of said Lot 8, a distance of 109.87 feet to the point of beginning of land to be described; thence North 00 degrees 08 minutes 57 seconds East; a distance of 1.12 feet; thence South 89 degrees 51 minutes 03 seconds East, parallel with the south line thereof, a distance of 130.65 feet to the east line of said Lot 8; thence southerly along said east line to the southeast corner of said Lot 8; thence westerly along the south hne of said Lot 8 to the point of beginning. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -41 -CUP) and the effect of the proposed grading 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 grading 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 grading 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 -41 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 09-036 -2- Conclusion The Conditional Use Permit to permit the removal of approximately 800 cubic yards of material from the location described is granted based on the findings set forth above and subject to the following conditions: 1. The streets are to be cleaned as required by the city public works department. 2. Erosion control measures shall be implemented as approved by the Minnehaha Watershed District and the city. 3. All necessary permits shall be approved prior to any work commencing on site. 4. The gravel area on the adjacent lot to the north of the storm water detention area shall be re -graded so that runoff water flows from that parcel into the storm water detention area. After re -grading the gravel area, it shall be covered with at least three inches of black dirt, and re -seeded. 5. A barrier shall be constructed and maintained at the top of the retaining wall to prevent vehicles from driving over the wall. 6. A turn -around shall be constructed at the north end of the drive lane. 7. A financial guarantee shall be submitted to the city to guarantee in completion of all proposed improvements. 8. A permit from the Minnehaha Creek Watershed District is required prior to issuance of any city permits. 9. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 10. A drainage and utility easement shall be dedicated to the city which covers the entire storm water detention area. 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 any permits. Approval of a Building Permit, which may impose additional requirements. The •'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. Revi- 6 p ation: 1111/a fir.. .11111 MUM, City M Attest: e.€ City Clerk Adopt y t e Cityyuncil February 17, 2009 Mayor 111111111111 11111111111111111111111111111111111111 Doc No T4622952 Certified, filed and/or recorded on 3/11/09900 AM Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles Jill L Alverson, County Auditor and Treasurer Deputy 49 Doc Name: Resolution Document Recording Fee Multiple Certificates Affected Fee Pkg ID 520213 $46 00 $20 00 Document Total $66 00 Existing Certs 682230 1189591 This cover sheet is now a permanent part of the recorded document New Certs O 2es 682Z30 P q&, ► ► 7,5 20 RESOLUTION NO. 09-036 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79(b) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT APPROXIMATELY 800 CUBIC YARDS OF MATERIAL TO BE EXPORTED FROM PROPERTY ZONED IP — INDUSTRIAL PARK DISTRICT LOCATED AT 6560 231zD STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Vlad Sivriver has made application to the City Council for a Conditional Use Permit under Section 36-79(b) of the St. Louis Park Ordinance Code for the purpose of exporting approximately 800 cubic yards of material from property within a IP — Industrial Park District located at 6560 23`d Street West for the legal description as follows, to -wit: P r GST- in ff -3(31 That part of Lot 9, Block 1, ELIOT VIEW 4TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying easterly of a line described as commencing at the northwest corner thereof; thence South 89 degrees 51 minutes 03 seconds East, on an assumed bearing, along the north line of said Lot 9, a distance of 190.87 feet to the point of beginning of line to be described; thence South 00 degrees 08 minutes 57 seconds West, a distance of 127.21 feet to the south line of said Lot 9, and said line there terminating. Also, that part of Lot 8, Block 1 ELIOT VIEW 4TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, described as commencing at the southwest corner thereof; thence South 89 degrees 51 minutes 03 seconds East, on an assumed bearing, along �' the south line of said Lot 8, a distance of 109.87 feet to the point of beginning of p °IC land to be described; thence North 00 degrees 08 minutes 57 seconds East; a distance k 1)61 of 1.12 feet; thence South 89 degrees 51 minutes 03 seconds East, parallel with the south line thereof, a distance of 130.65 feet to the east line of said Lot 8; thence southerly along said east line to the southeast corner of said Lot 8; thence westerly along the south line of said Lot 8 to the point of beginning. ®2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -41 -CUP) and the effect of the proposed grading 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. y(p 2-2Rsz O ,Resolution No. 09-03& -2- 3. The Council has determined that the grading 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 grading 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 -41 -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 removal of approximately 800 cubic yards of material from the location described is granted based on the findings set forth above and subject to the following conditions: 1. The streets are to be cleaned as required by the city public works department. 2. Erosion control measures shall be implemented as approved by the Minnehaha Watershed District and the city. 3. All necessary permits shall be approved prior to any work commencing on site. 4. The gravel area on the adjacent lot to the north of the storm water detention area shall be re -graded so 'that runoff water flows from that parcel into the storm water detention area After re -grading the gravel area, it shall be covered with at least three inches of black dirt, and re -seeded. 5. A barrier shall be constructed and maintained at the top of the retaining wall to prevent ®vehicles from driving over the wall. 6. A turn -around shall be constructed at the north end of the drive lane. 7. A financial guarantee shall be submitted to the city to guarantee in completion of all proposed improvements. 8. A permit from the Minnehaha Creek Watershed District is required prior to issuance of any city permits. 9. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 10. A drainage and utility easement shall be dedicated to the city which covers the entire storm water detention area. 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 any permits. 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. Resolution No. 09-036 -3- 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. 09-036 adopted at the St. Louis Park City Council meeting held on February 17, 2009. WITNESS my hand and the Seal of the City of St. Louis Park this 3rd day of March, 2009. ice. 41 Nancy t irth, City Clerk