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HomeMy WebLinkAbout14-066 - ADMIN Resolution - City Council - 2014/05/05RESOLUTION NO. 14-066 RESOLUTION GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 36-164 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN EDUCATIONAL (ACADEMIC) FACILITY WITH MORE THAN 20 STUDENTS FOR PROPERTY ZONED R-2 SINGLE FAMILY RESIDENCE DISTRICT LOCATED AT 4801 WEST 41ST STREET BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Independent School District #283 has made application to the City Council for a Conditional Use Permit under Section 36-164 of the St. Louis Park Ordinance Code for the purpose of permitting an Educational Facility within a R-2 Single Family Residence District located at 4801 West 41st Street for the legal description as follows, to -wit: (Per Quit Claim Deed Doc. No. 3676595.) That part of Lot 7, YALE LAND COMPANY'S GARDEN LOTS, according to the plat thereof on file and of record in the office of the County Recorder in and for said Hennepin County, Minnesota, described as commencing at the most westerly corner of Lot 7; thence southeasterly along the southwesterly line of said Lot 7 to a point 422 feet northerly of the southwest corner thereof; thence deflecting 111 degrees 12 minutes to the left 80 feet; thence easterly deflecting 43 degrees 48 minutes to the right 297 feet; thence southeasterly deflecting 67 degrees 41 minutes to the nght 133 feet, to a point in a line drawn at right angles from a point on the east line thereof distant 315.5 feet north of the southeast comer thereof, said point being 150 feet west of said east line; thence east along last described right angle line 150 feet to the east line thereof; thence north to the northeast corner of said Lot; thence southwesterly to the point of beginning. Excepting from the above described tract, that part of the north 150 feet of said Lot 7, YALE LAND COMPANY'S GARDEN LOTS, lying east of a line drawn southerly at right angles from the north line of said Lot 7, from a point therein 200 feet southwesterly of the northeasterly corner thereof along the line of said Lot 7. Said north 150 feet to be measured at right angles to the Northwest line of said Lot 7. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 14 -08 -CUP) and the effect of the Educational Facility 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 Educational Facility will not be detnmental 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 Educational Facility is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 14 -07 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 14-066 -2- Conclusion The Conditional Use Permit to allow an addition to the Educational (Academic) Facility for more than 20 students 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 conformance with the Official Exhibits. 2. All necessary permits must be obtained, including from the Minnehaha Creek Watershed District. 3. Prior to issuing the building permit, the following conditions shall be met: a. Applicant shall submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping and the repair/cleaning of public streets, curbs, sidewalks, and utilities. b. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) c. A Maintenance Agreement, in a form approved by the City Attorney, between the School District and the City for the underground storm water system must be signed. d. A revised Landscape Plan must be submitted for administrative approval by the City that addresses landscaping along the western property boundary north of the parking lot. 4. The applicant shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10:00 PM and 7:00 AM, Monday through Fnday, and 10:00 PM and 9:00 AM, Saturday, Sunday and Holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact on surrounding properties. 5. All utilities shall be buried. 6. 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. 7. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permits is granted is removed. 8 Approval of a Building Permit, which may impose additional requirements. e ty Clerk is instructed to record certified copies of this resolution in the Office of the Henne sa County Register of Deeds or Registrar of Titles as the case may be. Rev ed [ r Administration: Cit ►! T a er Attest: �1GliJ City Clerk Adopted by the City, Council May 5, 2014 Mayor / • 11111111 • RECEIVED J` JUL 3 2014 OFFICE OF THE CITY CLERK 111111111111111111111111111111111111011111111 Doc No A10080950 Certified, filed and/or recorded on May 21, 2014 10 00 AM Office of the County Recorder Hennepin County, Minnesota Martin McMormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 52 Pkg ID 1112666M Doc Name: Resolution 14 -Otie Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document • • of 7SCTTYT. LOUISOF 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. 14-066 adopted May 5, 2014 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. Nancy Stroth City Clerk Date: May 13, 2014 RESOLUTION NO. 14-066 RESOLUTION GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 36-164 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN EDUCATIONAL (ACADEMIC) FACILITY WITH MORE THAN 20 STUDENTS FOR PROPERTY ZONED R-2 SINGLE FAMILY RESIDENCE DISTRICT LOCATED AT 4801 WEST 41ST STREET BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Independent School District #283 has made application to the City Council for a Conditional Use Permit under Section 36-164 of the St. Louis Park Ordinance Code for the purpose of permitting an Educational Facility within a R-2 Single Family Residence District located at 4801 West 41st Street for the legal description as follows, to -wit: (Per Quit Claim Deed Doc. No. 3676595.) That part of Lot 7, YALE LAND COMPANY'S GARDEN LOTS, according to the plat thereof on file and of record in the office of the County Recorder in and for said Hennepin County, Minnesota, described as commencing at the most westerly corner of Lot 7; thence southeasterly along the southwesterly line of said Lot 7 to a point 422 feet northerly of the southwest corner thereof; thence deflecting 111 degrees 12 minutes to the left 80 feet; thence easterly deflecting 43 degrees 48 minutes to the right 297 feet; thence southeasterly deflecting 67 degrees 41 minutes to the right 133 feet, to a point in a line drawn at right angles from a point on the east line thereof distant 315.5 feet north of the southeast corner thereof, said point being 150 feet west of said east line; thence east along last descnbed nght angle line 150 feet to the east line thereof; thence north to the northeast corner of said Lot; thence southwesterly to the point of beginning. Excepting from the above described tract, that part of the north 150 feet of said Lot 7, YALE LAND COMPANY'S GARDEN LOTS, lying east of a line drawn southerly at right angles from the north line of said Lot 7, from a point therein 200 feet southwesterly of the northeasterly corner thereof along the line of said Lot 7. Said north 150 feet to be measured at right angles to the Northwest line of said Lot 7. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 14 -08 -CUP) and the effect of the Educational Facility 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 Educational Facility 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 Educational Facility is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 14 -07 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 14-066 -2- Conclusion The Conditional Use Permit to allow an addition to the Educational (Academic) Facility for more than 20 students 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 conformance with the Official Exhibits. 2. All necessary permits must be obtained, including from the Minnehaha Creek Watershed District. 3. Prior to issuing the building permit, the following conditions shall be met: a. Applicant shall submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping and the repair/cleaning of public streets, curbs, sidewalks, and utilities. b. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) c. A Maintenance Agreement, in a form approved by the City Attorney, between the School District and the City for the underground storm water system must be signed. d. A revised Landscape Plan must be submitted for administrative approval by the City that addresses landscaping along the western property boundary north of the parking lot. 4. The applicant shall comply with the following conditions during construction. a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10:00 PM and 7:00 AM, Monday through Friday, and 10:00 PM and 9:00 AM, Saturday, Sunday and Holidays. b. The site shall be kept free of dust and debns that could blow onto neighbonng properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact on surrounding properties. 5. All utilities shall be buried. 6. 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. 7. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permits is granted is removed. 8. 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. Reviewed for Administration: Adopted by the City Council May 5, 2014 City Manager Mayor Attest: City Clerk