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Home My WebLink About13-007 - ADMIN Resolution - City Council - 2013/01/07 (2)RESOLUTION NO. 13-007 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE EXCAVATION OF 5,900 CUBIC YARDS OF MATERIAL LOCATED AT 5525 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Life Time Fitness 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 excavating approximately 5,900 cubic yards of material for the construction of a parking ramp within the C-2 General Commercial District located at 5525 Cedar Lake Road for the legal descnption as follows, to -wit: That part of the East 460.00 feet of Government Lot 1, Section 9, Township 117 North, Range 21, West of the 5th Pnncipal Mendian, Hennepin County, Minnesota, Lying Northerly of the Burlington Northern, Inc. Right-of-way, which lies Southerly of the Centerline of New County Road No. 16. Also, that part of the West 40.00 feet of the Northwest Quarter of the Northwest Quarter of Section 31, Township 29 North, Range 24, West of the 4th Pnncipal Meridian, lying Northerly of the Burlington Northern, Inc. right-of-way, which lies Southerly of the centerline of New County Road No. 16. Also, That part of the Northwest Quarter of the Northwest Quarter of Section 31, Township 29, Range 24 lying Northerly of the Great Northern Railroad (now Burlington Northern, Inc.) Right -of -Way and Southerly of the centerline of New County Road No. 16, and which hes Easterly of a line 40.00 feet East measured at right angles to and parallel with the West line of said Northwest Quarter of the Northwest Quarter, according to the United States Government Survey thereof and situated in Hennepin County, Minnesota, Except that part acquired by the County of Hennepin in Deed Document No. 4517060, recorded in the office of the Hennepin County Recorder. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 12 -31 -CUP) and the effect of the proposed excavating on the health, safety and welfare of the roadways and 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 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. 4. The contents of Planning Case File 12 -31 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 13-007 -2- Conclusion The Conditional Use Permit to permit the excavation of approximately 5,900 cubic yards of material at the location described is granted based on the findings set forth above and subject to the following conditions: 1. Pnor to starting any site work, the following conditions shall be met: a. Assent form and official exhibits must be signed by the applicant and owner. b. All necessary permits must be obtained. 2. The applicant shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, except that heavy construction equipment shall not be used after 8pm. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. All trucks entering and exiting the site shall follow the approved truck route, which is attached as an exhibit. 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. 3. All new utilities shall be buried. 4. The turf area shall be irrigated. 5 A financial guarantee shall be submitted to restore the site, keep the streets clean, repair damage to streets and sidewalks, and for landscaping. 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 permit is granted is removed. The City Clerk is instructed to record certified copies of this resolution in the Office of the nne ► 'n County Register of Deeds or Registrar of Titles as the case may be. Revie eAdministration: Mum City Attest: City Clerk Adopted ' • e City Council January 7, 2013 Mayor • • • � 1101 1111 1111111111111111111111111 Doc No A09941503 • Certified, filed and/or recorded on 4/19/13 10 00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V Chapin, County Auditor and Treasurer Deputy 84 Pkg ID 960042M Doc Name: Conditional Use Permit gee. No 13- 007 Document Recording Fee $46 00 Document Total ' $46 00 RECEIVED Mm 2 2013 OFFICE OF THE CITY "LERK This cover sheet is now a permanent part of the recorded document a o =i fIITY OF SCT. LOUIS RK 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. Resolution No. 13-007 adopted January 7, 2013 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. .i.all-V_\LVZIZE'e Nancy Stro City Clerk Date: April 10, 2013