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Home My WebLink About12-078 - ADMIN Resolution - City Council - 2012/06/04• • RESOLUTION NO. 12-078 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE IMPORTING OF MORE THAN 400 CUBIC YARDS OF FILL FOR PROPERTY ZONED POS — PARKS AND OPEN SPACE LOCATED AT 3429 XYLON AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City 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 importing more than 400 cubic yards of fill within a POS — Parks and Open Space District located at 3429 Xylon Avenue South for the legal description as follows, to -wit: The SW 1/4 of the NW 1/4 of the NE 1/4 of the SE %, Excluding roads, of Section 18, Township 117, Range 21 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 12 -14 -CUP) and the effect of the proposed importing 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 importing of fill will not be detrimental 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 importing 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 12 -14 -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 importing of more than 400 cubic yards of fill 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 the Official Exhibits, incorporated by reference herein. 2. The haul route shall be 34`h1/2 Street West, Wyoming Avenue South, 35th Street West, Texas Avenue South, and State Trunk Highway 7. 0 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. Resolution No. 12-078 -2- 5. All necessary permits shall be obtained. 6. Loud equipment shall be kept as far as possible from residences at all times. 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 is subject to issuance of any required Building Permits, which may impose additional requirements. The ity erk is instructed to record certified copies of this resolution in the Office of the Henn . pin C • unty Register of Deeds or Registrar of Titles as the case may be. Reviewed '• ministration: City Manag Attest: Ado by the City Council June 4, 2012 May 0 IIIU UI II IUI IUI IUI 11 ID Doc No A9865197 • • RECEIVED NOV 1 4 2012 OFFICE OF THE CITY CLERK Certified, filed and/or recorded on 10/29/12 12 00 PM Office of the County Recorder Hennepin County, Minnesota Rachel Smith, Acting County Recorder Mark V Chapin, County Auditor and Treasurer Deputy 77 Pkg ID 878296M Doc Name: Conditional Use Permit Res VO 0--1°176 Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document RESOLUTION NO. 12-078 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE IMPORTING OF MORE THAN 400 CUBIC YARDS OF FILL FOR PROPERTY ZONED POS — PARKS AND OPEN SPACE LOCATED AT 3429 XYLON AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St Louis Park. Findings 1. The City 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 importing more than 400 cubic yards of fill within a POS — Parks and Open Space Distnct located at 3429 Xylon Avenue South for the legal descnption as follows, to -wit. The SW 1/4 of the NW 1/4 of the NE 1/4 of the SE 'A, Excluding roads, of Section 18, Township 117, Range 21 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No 12 -14 -CUP) and the effect of the proposed importing 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 importing 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 senously depreciate surrounding property values, and the proposed importing of fill is in harmony with the general purpose and intent of the Zomng Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 12 -14 -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 importing of more than 400 cubic yards of fill 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 the Official Exhibits, incorporated by reference herein. 2. The haul route shall be 34` 'A Street West, Wyoming Avenue South, 35th Street West, Texas Avenue South, and State Trunk Highway 7 a3. Hauling may occur between the hours of 7.00 a m and 7:00 p m. Monday through Fnday, 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 Resolution No. 12-078 -2- 5. All necessary permits shall be obtained. 6 Loud equipment shall be kept as far as possible from residences at all times. 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 is subject to issuance of any required Building Permits, which may impose additional requirements. The ity erk is instructed to record certified copies of this resolution in the Office of the Henn pin C•unty Register of Deeds or Registrar of Titles as the case may be. Reviewed ministration. Ado by the City Council June 4, 2012 City Manag Attest: May • • e e CITY OF 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 onginal Resolution No. 12-078 adopted June 4, 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 Cierk Date: October 18, 2012