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HomeMy WebLinkAbout13-119 - ADMIN Resolution - City Council - 2013/08/19 (2)RESOLUTION NO. 13-119 RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR AN ADDITION • TO PETER HOBART ELEMENTARY SCHOOL AT 6500 WEST 26TH 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(c)(3) of the St. Louis Park Ordinance Code for an addition to the existing Peter Hobart Elementary School as required for Educational (academic) facilities with more than 20 students within an R-2 Single -Family Residence District located at 6500 West 26th Street, at the legal description as follows, to -wit: (Per Warranty Deed Doc. No. 3643873) All that part of the East 427.4 feet of the Southeast One -Quarter of the Northeast One -Quarter (SE '/ of NE '/) of Section 8, Township 117, Range 21, lying Southerly of the Southerly nght of way line of the Great Northern Railway, and Westerly of a line drawn parallel with and thirty-three (33) feet Westerly of the following descnbed line: Beginning at the southeast corner of the Southeast One - Quarter of the Northeast One -Quarter (SE '/ of NE 'A) of said Section 8; thence north along the East line of said Quarter -Quarter, 123.0 feet; thence on a tangential curve to the left with a radius of 337.03 feet, delta angle 47 degrees 00 minutes for a distance of 276.47 feet; thence on a line tangent to last described curve for a distance of 107.0 feet; thence on a tangential curve to the right with a radius of 343.08 feet, delta angle 32 degrees 30 minutes for a distance of 194.61 feet; thence on a line tangent to last described curve for a distance of 76.0 feet and there terminating. AND (Per Waranty Deed Doc. No. 5327796) All that part of the east 472.4 feet of the Southeast Quarter of the Northeast Quarter of Section 8, Township 117, Range 21, lying southerly of the southerly right of way line of the Great Northern Railway, except the east 427.4 feet of the Southeast Quarter of the Northeast Quarter of Section 8, Township 117, Range 21. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 13 -29 -CUP) and the effect of the proposed use 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 proposed addition 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 senously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. Resolution No. 13-119 -2- 4. The contents of Planning Case File 13 -29 -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 an addition to Peter Hobart Elementary School, as an Educational Facility with 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 accordance with Exhibits incorporated by reference herein. 2. All necessary permits must be obtained. 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 park property, public streets and utilities. b. Assent form and official exhibits must be signed by the applicant and owner. 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 debris that could blow onto neighboring properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. Erosion control measures shall be used along all construction related areas. e. 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. All City Park Property shall be repaired to the same condition as it was pre -construction. 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. 8. 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. 9. Approval of a Building Permit, which may impose additional requirements. The ity lerk is instructed to record certified copies of this resolution in the Office of the Hennpin•oun Register of Deeds or Registrar of Titles as the case may be. Reviewer f•1 �� inistration: Ad 111,1 City M Attest: City Clerk th. ty Council August 19, 2013 Mayor iIIH iI Hill 11H 111111111111111111111111111111111 Doc No A10025605 Certified, filed and/or recorded on Nov 4, 2013 12 00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V Chapin, County Auditor and Treasurer Deputy 81 Pkg ID 1051222M Doc Name: Resolution 13-11/ Document Recording Fee $46 00 Document Total RECEIVED NOV 2 6 2013 OFFICE OF THE CITY CLERK This cover sheet is now a permanent part of the recorded document $46 00 • • //CT!' LOUIOFS 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 ongmal Resolution No. Resolution No. 13-119 adopted August 19, 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. Nancy Strot City Clerk Date: October 21, 2013