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:
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City Clerk
Administration:
by the Ci
Council March 16, 2015
Mayor