HomeMy WebLinkAbout13-133 - ADMIN Resolution - City Council - 2013/09/03RESOLUTION NO. 13-133
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO
PERMIT IN -VEHICLE SALES AND SERVICE FOR PROPERTY
LOCATED AT 8951 36TH STREET WEST
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. TCF Bank has made application to the City Council for a Conditional Use Permit
under Sections 36-194(d)(11) of the St. Louis Park Ordinance Code for the purpose of In -
Vehicle Sales and Service within a C-2 General Commercial District located at 8951 36th Street
West for the legal description as follows, to -wit:
Lot 1, Block 1, Target Second Addition
Together with a non-exclusive easement for ingress and egress and for drainage and
utility purposes over and across the Westerly 35 feet and the Southwesterly 33 feet of
Lot 4, Block 1, Target First Addition, lying in the area designated on the plat of said
Block 1 as "Drainage and Utility Easement", as shown in deed Doc. No. 1021232.
(Torrens Property, Certificate of Title No. 1151979)
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 13 -24 -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 In -Vehicle Sales and Service 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 use 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 -24 -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 In -Vehicle Sales and Service at the location descnbed is
granted based on the findings set forth above and subject to the following conditions:
Resolution No. 13-133 -2-
1. The site shall be developed, used and maintained in accordance with Exhibits
incorporated by reference herein.
2. All conditions for storm water management shall be met.
3. All necessary permits must be obtained, including from the Minnehaha Creek
Watershed District.
4. 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, storm water management,
and the repair/cleaning of public streets and utilities.
b. Assent form and official exhibits must be signed by the applicant and owner.
c. A sidewalk easement must be executed and submitted to the City to record, for the
portion of the sidewalk adjacent to 36th Street West at the point it crosses onto the
subject property to a point just southeast of the ramp to the crosswalk across the
right turn lane from 36th Street West to Boone Avenue.
5. 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. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of excavation on surrounding properties.
6. All utilities shall be buried.
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.
Clerk is instructed to record certified copies of this resolution in the Office of the
H: epi 1 County Register of Deeds or Registrar of Titles as the case may be.
Review
dministration:
City M
Attest:
City Clerk
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Adopted by the City Council September 3, 2013
Mayor