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Home My WebLink About12-067 - ADMIN Resolution - City Council - 2012/05/07RESOLUTION NO. 12-067 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE EXPORTING AND IMPORTING OF APPROXIMATELY 11,000 CUBIC YARDS OF MATERIAL FOR PROPERTY ZONED IN THE C-2 GENERAL COMMERICIAL DISTRICT LOCATED AT 6525 LAKE STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. St. Louis Park Public Schools 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 exporting and importing approximately 11,000 cubic yards of fill at property within a C-2 General Commercial District located at 6525 Lake Street West for the legal description as follows, to -wit: Lots 1 through 43 inclusive, Block 3 and Lots 1 through 20 inclusive, Block 4 including adjacent '/2 of streets and alleys vacated "Rearrangement of St. Louis Park" (Abstract) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 12 -13 -CUP) and the effect of the proposed grading and hauling activities 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 and hauling activities 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 and hauling activities are in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 12 -13 -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 exporting and importing of approximately 11,000 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. All conditions for stormwater management shall be met. 3. All necessary permits must be obtained. 4. Pnor to issuance of permits, the following conditions shall be met: a. Applicant shall submit financial security in the form of a cash escrow or letter of credit in the amount of $5,000 to ensure the streets and sidewalks will be Resolution No 12-067 -2- kept clean and to repair damage to City sidewalks, streets, stormwater lines or other public infrastructure that may result from the construction activity. b. Assent form and official exhibits must be signed by the applicant and owner. 5. The applicant shall comply with the following conditions during grading and stormwater facility construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 7:00 PM and 7:00 AM, Monday through Friday, and 7:00 PM and 9:00 AM, Saturday, Sunday and Holidays. b. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris that could blow onto neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 6. The trucks shall access the site by way of Highway 7 and the portions of Lake Street, Walker St, Library Lane, Brunswick Ave, and Wooddale Ave that provide the shortest and most direct route to and from Highway 7. 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 Cy C : k is instructed to record certified copies of this resolution in the Office of the Henne.'n Co ty Register of Deeds or Registrar of Titles as the case may be. Reviewed City Mana Attest: stration: Ad pt Mayo by the City Council May 7, 2012 r RECEIVED NOV 1 4 2012 OFFICE OF THE CITY CLERK 1111111111111111111 111111111111111 Doc No A9865907 Certified, filed and/or recorded on 10/30/12 12 00 PM Office of the County Recorder Hennepin County, Minnesota Rachel Smith, Acting County Recorder Mark V Chapin, County Auditor and Treasurer Deputy 45 Pkg ID 878872M Doc Name: Resolution 19 _0(07 Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document CITY OF • 0 ST. LOUIS PARK • • Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned hereby certifies the following: "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No. 12-067 adopted May 7, 2012 and on file in the Office of the City Clerk. 2) The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St. Louis Park Kay C. Midura Acting City Clerk Date: October 18, 2012 1 • • RESOLUTION NO. 12-067 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE EXPORTING AND IMPORTING OF APPROXIMATELY 11,000 CUBIC YARDS OF MATERIAL FOR PROPERTY ZONED IN THE C-2 GENERAL COMMERICIAL DISTRICT LOCATED AT 6525 LAKE STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. St. Louis Park Public Schools 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 exporting and importing approximately 11,000 cubic yards of fill at property within a C-2 General Commercial District located at 6525 Lake Street West for the legal description as follows, to -wit: Lots 1 through 43 inclusive, Block 3 and Lots 1 through 20 inclusive, Block 4 including adjacent 'h of streets and alleys vacated "Rearrangement of St. Louis Park" (Abstract) 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No. 12 -13 -CUP) and the effect of the proposed grading and hauling activities 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 and hauling activities will not be detnmental to the health, safety, or general welfare of the community nor will it cause senous traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed grading and hauling activities are in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 12 -13 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion The Conditional Use Permit to permit the exporting and importing of approximately 11,000 cubic yards of matenal at the location descnbed 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. All conditions for stormwater management shall be met: 3. All necessary permits must be obtained. 4. Pnor to issuance of permits, the following conditions shall be met: a. Applicant shall submit financial secunty in the form of a cash escrow or letter of credit in the amount of $5,000 to ensure the streets and sidewalks will be Resolution No. 12-067 -2- kept clean and to repair damage to City sidewalks, streets, stormwater lines or other public infrastructure that may result from the construction activity. b. Assent form and official exhibits must be signed by the applicant and owner. 5. The applicant shall comply with the following conditions during grading and stormwater facility construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 7:00 PM and 7:00 AM, Monday through Fnday, and 7:00 PM and 9:00 AM, Saturday, Sunday and Holidays. b. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris that could blow onto neighboring properties. % d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 6 The trucks shall access the site by way of Highway 7 and the portions of Lake Street, Walker St, Library Lane, Brunswick Ave, and Wooddale Ave that provide the shortest and most direct route to and from 1 -highway 7. 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 C'! y C : k is instructed to record certified copies of this resolution in the Office of the Hennepin Co ty Register of Deeds or Registrar of Titles as the case may be. Reviewed .. r • station: City Mana:7 Attest: Adopted by the City Council May 7, 2012 Mayo • • 110