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Home My WebLink About10-059 - ADMIN Resolution - City Council - 2010/06/07RESOLUTION NO. 10-059 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 C-2 — GENERAL COMMERCIAL LOCATED AT 3745 LOUISIANA 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 C-2 General Commercial District located at 3745 Louisiana Avenue South for the legal description as follows, to -wit: Lot 1, Block 1, Sam's Club Addition 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 10 -17 -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 or 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 -17 -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. Resolution No. 10-059 -2- 2. Prior to the start of construction activity, including excavation, the following conditions must be met: a. A letter of credit or cash escrow in the amount of $10,000.00 shall be provided by the applicant to the City to guarantee the replacement of damaged landscaping and the cleaning of local streets during excavation and hauling activity. The full amount shall be released upon completion of the project. 3. The haul route shall follow Louisiana Avenue, State Highway 7, State Highway 100, and US Highway 169. No hauling shall be permitted on residential streets 4. Hauling may occur between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday, and the hours of 9:00 a.m and 10:00 p.m. on the weekend and holidays. 5. 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. ity 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. for Administration: Attest: 4/111nr, City Clerk I Adopted by the City Council June 7, 2010 1 i ?l, !f \''-..�. l ` Th - J f Mayor / / r' a ,t IIflhI III II91 AIS VIII i Doc No T4781477 Certified, filed and/or recorded on 8/20/10 1 26 PM Office of the Registrar of Titles Hennepin County, Minnesota , Michael H Cunniff, Registrar of Titles Jill L Alverson, County Auditor and Treasurer Deputy 33 Doc Name: Resolution Document Recording Fee Pkg ID 649447 $46 00 Document Total Existing Certs 1144688 This cover sheet is now a permanent part of the recorded document New Certs $46 00 Y A • IIi-IN(,86 RESOLUTION NO. 10-059 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 C-2 — GENERAL COMMERCIAL LOCATED AT 3745 LOUISIANA 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 C-2 General Commercial District located at 3745 Louisiana Avenue South for the legal description as follows, to -wit Lot 1, Block 1, Sam's Club Addition 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No. 10 -17 -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 or 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 -17 -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. Reswilution N. 10-059 -2- 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2. Prior to the start of construction activity, including excavation, the following conditions must be met: a. A letter of credit or cash escrow in the amount of $10,000 00 shall be provided by the applicant to the City to guarantee the replacement of damaged landscaping and the cleaning of local streets during excavation and hauling activity The full amount shall be released upon completion of the project 3. The haul route shall follow Louisiana Avenue, State Highway 7, State Highway 100, and US Highway 169 No hauling shall be permitted on residential streets 4. Hauling may occur between the hours of 7.00 a m. and 10.00 p.m Monday through Friday, and the hours of 9.00 a.m and 10.00 p.m. on the weekend and holidays. 5. 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. 10-059 adopted at the St. Louis Park City Council meeting held on June 7, 2010 WITNESS my hand and the Seal of the City of St. Louis Park this 13th day of August, 2010 Nancy J Stroth Jerk