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HomeMy WebLinkAbout15-044 - ADMIN Resolution - City Council - 2015/03/16RESOLUTION NO. 15-044 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79(b) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION OF APPROXIMATELY 816 CUBIC YARDS OF SOIL FROM PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 4106 FOREST LANE BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1 Timothy Alt, Altus Architecture & Design has made application to the City Council for a Conditional Use Permit under Section 36-79(b) of the St. Louis Park Ordinance Code for the purpose of excavating 816 cubic yards of soil within a R-1 Single Family District located at 4106 Forest Lane for the legal descnption as follows, to -wit: LOT 8, EXCEPT THAT PART THEREOF WHICH LIES WESTERLY OF A LINE DRAWN FROM THE MOST WESTERLY CORNER OF SAID LOT 8 TO A POINT OF THE NORTH LINE OF SAID LOT 8 DISTANT 17 FEET EASTERLY FROM THE MOST NORTHERLY CORNER THEREOF, BLOCK 4, "FOREST TRACT, LAKE FOREST ADDITION" 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 15 -02 -CUP) and the effect of the proposed excavation 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 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 excavation is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 15 -02 -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 of approximately 816 cubic yards of soil at the location descnbed is granted based on the findings set forth above and subject to the following conditions: Pnor to commencing land disturbing activities: 1. All conditions for stormwater management shall be met. 2. All necessary permits must be obtained. 3. Prior 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 will be kept clean and to repair damage to City, streets, stormwater lines or other public infrastructure that may result from the construction activity. Resolution No. 15-044 -2- b. Assent form and official exhibits must be signed by the applicant and owner 4. 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. 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 of excavation on surrounding properties. 5. Trucks shall utilize County Road 25, France Ave, Forest Road and Forest Lane 6. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 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 uilding or structure for which the conditional use permit is granted is removed. ,9. ' pproval of permits, which may impose additional requirements. Revie City Atttesstt: !1 erkili,—VP5bS6-ez City Clerk Administration: by the Ci Council March 16, 2015 Mayor