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HomeMy WebLinkAbout13-052 - ADMIN Resolution - City Council - 2013/04/01 (2)• • RESOLUTION NO. 13-052 A RESOLUTION GRANTING CONDITIONAL USE PERMIT TO PERMIT CONSTRUCTION OF A SEVEN UNIT APARTMENT BUILDING LOCATED AT 4013 31ST STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park. Findings 1. Andrew Brenner has made application to the City Council for a Conditional Use Permit under Section 36-166(d)(1) of the St. Louis Park Ordinance Code for the purpose of constructing a seven unit apartment building within a R-4 Multiple -Family Residential Distnct located at 4013 31st Street West for the legal description as follows, to -wit: That part of Lots 14, 15, and 16, Block 6, Manhattan Park, Minneapolis, Minn., Hennepin County, Minnesota, described as follows: Commencing at a point 30 feet east from the Northeast corner of Lot 1, Block 5, Manhattan Park, Minneapolis, Minn.; thence East 100 feet; thence South 120; thence West 100 feet; thence North 120 feet to place of beginning. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 13 -12 -CUP) and the effect of the proposed apartment building 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 apartment building 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 apartment building is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 13 -12 -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 a two-story, 7 -unit apartment building 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 Exhibits incorporated by reference herein. 2. The site shall be developed, used and maintained in conformance with the Official Exhibits. 3. All conditions for stormwater management shall be met. 4. All necessary permits must be obtained, including from the Minnehaha Creek Watershed District. 5. 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, sidewalk, stormwater, and the repair/cleaning of public streets and utilities. Resolution No. 13-052 -2- b. Assent form and official exhibits must be signed by the applicant and owner. c. Park dedication in the amount of $9,000 be submitted. d. Trail dedication in the amount of $1,350 be submitted. 6. 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 8:00 PM and 8:00 AM, Monday through Friday, and 8:00 PM and 9:00 AM, Saturday, Sunday and Holidays. Except that construction may begin as early as 7am up to four times. The City and Neighbors must be notified in the manner required by City Code Section 12-131. 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 of excavation on surrounding properties. 7. All new utilities shall be buried. 8. The boulevard sidewalk is not allowed to be located adjacent to the street curb. It must be setback to line-up with neighboring sidewalks. 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 of a Building Permit, which may impose additional requirements. e y Clerk is instructed to record certified copies of this resolution in the Office of the ennep. County Register of Deeds or Registrar of Titles as the case may be. Rev or Administration: City M. a_er" Attest: �Y1Gt�n{ City Clerk 1 Adopted! . y th City Council April 1, 2013 Mayor 11111111111101111 111011111111111111111111111111111 Doc No A09941488 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 92 Pkg ID 960028M Doc Name: Conditional Use Permit g e° 5- )00 I5-°5 a. Document Recording Fee $46 00 Document Total $46 00 - RECEIVED P'AY 22013 - i OFFICE OF THE CITY ' _i*-Zt(' This cover sheet is now a permanent part of the recorded document • SCITYT. LOUIOF S PARK • Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HE1\r EPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned hereby certifies the following: "GI r i' COUNCIL RESOLU'l ION" 1) The attached is a full, true and correct copy of the original Resolution No. Resolution No. 13-052 adopted Apnl 1, 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. D.7.621/ -- Nancy Strotl City Clerk Date: Apnl 10, 2013