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HomeMy WebLinkAbout10-052 - ADMIN Resolution - City Council - 2010/05/17RESOLUTION NO. 10-052 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION OF OVER 400 CUBIC YARDS OF MATERIAL FOR PROPERTY ZONED POS — PARKS AND OPEN SPACE DISTRICT LOCATED AT 2701 ZARTHAN AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City of St. Louis Park 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 over 400 cubic yards of material within a POS — Parks and Open Space District located at 2701 Zarthan Avenue South for the legal description as follows, to -wit: Lands comprising Birchwood Park, including Lots 1 to 15, Block 1, Park Manor Addition, and tracts S, T, V, and portions of tracts Q, N, and R of Registered Land Survey No. 0057 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 10 -15 -CUP) and the effect of the proposed excavation 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 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 is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 10 -15 -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 excavation of over 400 cubic yards of material 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. The haul route shall be Zarthan Avenue South to Minnetonka Boulevard to Highway 100. Resolution No. 10-052 -2- 3. Hauling may occur between the hours of 7.00 a.m. and 7:00 p.m. Monday through Friday, and the hours of 9:00 a.m. and 7:00 p.m. on the weekend and holidays. 4. All contractors are required to comply with state and local dust and noise ordinances. 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 is required, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the in County Register of Deeds or Registrar of Titles as the case may be. R for Administration: City Attest: ___'? _ _ i) City Clerk Adop -b. the City Council May 17, 2010 Mayor • Azt • i t ilii i11 i i iiiii III IIuiui ie 11111 Doc N,00 7481362 fled and/or recorded IU Certified on /23/10 12 00 PM ffice of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles Jill L Alverson, County Auditor and Treasurer 1.,.,./Deputy 45 Pkg ID 649373 Doc Name: Resolution Document Recording Fee Multiple Certificates Affected Fee $46 00 $40 00 Document Total Existing Certs 324516 335004 386781 This cover sheet is now a permanent part of the recorded document New Certs $86 00 r Say 516 335004 23(018 1 RESOLUTION NO. 10-052 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION OF OVER 400 CUBIC YARDS OF MATERIAL FOR PROPERTY ZONED POS — PARKS AND OPEN SPACE DISTRICT LOCATED AT 2701 ZARTHAN AVENUE SOUTH BE IT RESOLVED BY the Ciry Council of the City of St Louis Park. Findings 1 The City of St Louis Park has made application to the City Council foi a Conditional Use Permit under Section 36-79 of the St. Louis Park Ordinance Code for the purpose of excavation of over 400 cubic yards of material within a POS — Parks and Open Space District located at 2701 Zarthan Avenue South for the legal description as follows, to -wit• Lands comprising Birchwood Park, including Lots 1 to 15, Block 1, Park Manor Addition, and tracts S, T, V, and portions of tracts Q, N, and R of Registered Land Survey No 0057 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 10 -15 -CUP) and the effect of the proposed excavation 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 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 is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan 4 The contents of Planning Case File 10 -15 -CUP ate 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 excavation of over 400 cubic yards of material at the location described is granted based on the findings set forth above and subject to the following conditions: ` , Rsgluttd$` No. 10-052 -2- e 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2 The haul route shall be Zarthan Avenue South to Minnetonka Boulevard to Highway 1.00 3. Hauling may occur between the hours of 7:00 a m and 7 00 p m Monday through Friday, and the hours of 9.00 a.m. and 7:00 p m on the weekend and holidays 4. All contractors are required to comply with state and local dust and noise ordinances. 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 is required, 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 10-052 adopted at the St. Louis Park City Council meeting held on May 17, 2010 WITNESS my hand and the Seal of the City of St Louis Park this 13th day of August, 2010 Nancy J. Stroth, i lerk