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HomeMy WebLinkAbout11-010 - ADMIN Resolution - City Council - 2011/01/03RESOLUTION NO. 11-010 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT PLACEMENT OF FILL IN EXCESS OF 400 CUBIC YARDS FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT AND POS PARKS AND OPEN SPACE DISTRICT LOCATED AT 2262 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 placement of fill in excess of 400 cubic yards within a C-2 General Commercial District and POS Parks and Open Space District located at 2262 Louisiana Avenue South for the legal description as follows, to -wit: Lots 7 and 8, "Home Addition to St. Louis Park", according to the recorded plat thereof, Hennepin County, Minnesota. Together with: The north 87.10 feet of that part lying east of the west 150.00 feet thereof of Lot 9, "Home Addition to St. Louis Park", according to the recorded plat thereof, Hennepin County, Minnesota. 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 placement 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 placement 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 placement 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 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 placement of fill in excess of 400 cubic yards 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. 11-010 -2- 2. The haul route shall be Louisiana Avenue South to Interstate Highway 394. 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. Th;- ty Clerk is instructed to record certified copies of this resolution in the Office of the H : nnep County Register of Deeds or Registrar of Titles as the case may be. Rev' Cit for Administration: Attest: City Clerk Adopted by the City Council January 3, 2011 0 IIIU II 101 llll 010 1101 II Doc No A9610907 s • / 11111111111111 Certified filed and/or recorded on 1/11/11 12 00 PM Office of the County Recorder Hennepin County, Minnesota Michael H Cunniff, County Recorder Jill L Alverson, County Auditor and Treasurer Deputy 18 Pkg ID 683799 Doc Name: Conditional Use Permit Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document P • ,ort • • RESOLUTION NO. 11-010 RESOLUTION GRANTING CONDITIONAL USE PERINIIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT PLACEMENT OF FILL IN EXCESS OF 400 CUBIC YARDS FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT AND POS PARKS AND OPEN SPACE DISTRICT LOCATED AT 2262 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 placement of fill in excess of 400 cubic yards within a C-2 General Commercial District and POS Parks and Open Space District located at 2262 Louisiana Avenue South for the legal descnption as follows, to -wit: • Lots 7 and 8, "Home Addition to St. Louis Park", according to the recorded plat thereof, Hennepin County, Minnesota. • Together with: The north 87.10 feet of that part lying east of the west 150.00 feet thereof of Lot 9, "Home Addition to St. Louis Park", according to the recorded plat thereof, Hennepin County, Minnesota. 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 placement 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 placement 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 placement 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 10 -31 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 11-010 -2- y . _,-4 . Conclusion The Conditional Use Permit to permit placement of fill in excess of 400 cubic yards 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 Louisiana Avenue South to Interstate Highway 394. 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. 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. 11-010 adopted at the St. Louis Park City Council meeting held on January 3, 2011. WITNESS my hand and the Seal of the City of St. Louis Park this 4th day of January, 2011. Nanc oth, City Clerk