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Home My WebLink About11-008 - ADMIN Resolution - City Council - 2011/01/03RESOLUTION NO. 11-008 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION AND FILL IN EXCESS OF 400 CUBIC YARDS FOR PROPERTY ZONED POS PARKS AND OPEN SPACE DISTRICT AND R-3 TWO-FAMILY RESIDENTIAL DISTRICT LOCATED AT 3750 WOODDALE 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 and fill in excess of 400 cubic yards within a POS Parks and Open Space District and R-3 Two -Family Residential District located at 3750 Wooddale Avenue South for the legal description as follows, to -wit: Parcel A: Lots 17 to 36 inclusive, together with that part of the adjoining vacated alley lying North of the South line of Section 16, Township 117, Range 21, and between the extensions across said alley of the East line of said Lot 17 and the West line of said Lot 36, Block 60, "Rearrangement Of St. Louis Park", Hennepin County, Minnesota. Torrens Property - Certificate No. 404494 3750 Wooddale Avenue Parcel B: Lot 1, Block 61, "St. Louis Park", Hennepin County, Minnesota, EXCEPT that part of said lot and block lying Easterly of a curve, concave to the East, having a radius of 48.00 feet. Said curve begins at a point on the East line of said Lot 1, distant 59.00 feet Northwesterly from the Southeast corner of said Lot 1, and passes through a point on the South line of said Lot 1 distant 28.00 feet Westerly from the Southeast corner of Lot 1. Together with the vacated alley lying between the Northerly extensions of the East and West boundary lines of said Lot 1. Abstract Property 3764 Wooddale Avenue Parcel C: Lot 2, Block 61, St. Louis Park, together with the vacated alley lying between the Northerly extensions of the East and West boundary lines of said Lot 2, Hennepin County, Minnesota. Abstract Property 5718 Goodrich Avenue Parcel D: Resolution No. 11-008 -2- Lot 3, Block 61, St. Louis Park, together with one-half of vacated Yosemite Avenue and that part of vacated alley lying between the Northerly extensions of the East and West boundary lines of said Lot 3, Hennepin County, Minnesota. Abstract Property 5724 Goodrich Avenue Parcel E: That part of Oxford Street (formerly known as Summit Avenue) as dedicated in the plat of REARRANGEMENT OF ST. LOUIS PARK, according to the recorded plat thereof, Hennepin County, Minnesota described as commencing at the northwest corner of Block 60 of said REARRANGEMENT OF ST. LOUIS PARK; thence on an assumed bearing of South 89 degrees 01 minute 14 seconds East, along the north line of said Block 60, a distance of 200.00 feet to the point of beginning of the land to be described; thence North 0 degrees 36 minutes 05 seconds East a distance of 4.01 feet; thence northeasterly a distance of 140.79 feet along a non-tangential curve, concave to the northwest, having a radius of 321.83 feet, a central angle of 25 degrees 03 minutes 57 seconds and a chord bearing of North 78 degrees 25 minutes 25 seconds East; thence North 65 degrees 53 minutes 27 seconds East, tangent to said curve, a distance of 17.60 feet; thence southeasterly a distance of 47.97 feet along a tangential curve, concave to the south, having a radius of 37.10 feet and a central angle of 74 degrees 04 minutes 56 seconds; thence South 40 degrees 01 minute 37 seconds East, tangent to last described curve, a distance of 29.39 feet; thence southeasterly a distance of 13.99 feet along a tangential curve, concave to the northeast, having a radius of 406.54 feet and a central angle of 1 degree 58 minutes 17 seconds to said north line of Block 60; thence North 89 degrees 01 minute 14 seconds West, along said north line of Block 60 a distance of 224.62 feet to the point of beginning. Abstract Property 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 10 -31 -CUP) and the effect of the proposed excavation and 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 and 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 and 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 10 -31 -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 and fill in excess of 400 cubic yards at the location described is granted based on findings set forth above and subject to following conditions: Resolution No. 11-008 -3- 1. The site shall be developed, used and maintained in accordance with Exhibits 0 incorporated by reference herein. • 2. The haul route shall be Wooddale Avenue South'to Highway 7 to Highway 100. 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, which may impose additional requirements. City lerk is instructed to record certified copies of this resolution in the Office of the He . epin • . unty Register of Deeds or Registrar of Titles as the case may be. fo Ad inistration: Ad ted bhp the City Council January 3, 2011 City M . ! er W Mayor, Attest: