HomeMy WebLinkAbout18-178 - ADMIN Resolution - City Council - 2018/11/05 (2)st '
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RECEIVED
MAR 1 3 2019
CITY CLERK'S OFFICE
Ress\tin Jo, 9-\1b
Doc No A 10615948
Certified, filed and/or recorded on
Nov 29, 2018 12:59 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 59 Pkg ID 1764767E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
(I) St. Louis Park Jll «vsor
Administration Office
5005 Minnetonka Blvd.
St. Louis Park, MN 55416
952.928.2840
STATE OF MINN ESOTA
COUNTY OF HENNE PIN
CITY OF ST. LOUIS PARK
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"CITY COUNCIL RESOLUTION"
The undersigned hereby certifies the following:
1) The attached is a full, true and correct copy of the original
Resolution No. 18-178 adopted November 5, 2018, and on file in
the Office of the City Clerk.
2) The City Council meeting was held upon due call and notice.
WITN ESS my hand and the Seal of the City of St. Louis Park.
Date: November 21, 2018
Resolution No. 18-178
Resolution approving a conditional use permit and variance fo r 7008 Highway 7
Whereas, Luke Durheim, representing Craft & Crew, applied fo r a conditional use permit
and variance fo r the purpose of operating a restaurant with intoxicating liquor at 7008 Highw ay
7; the pro perty is legally described as fo llows, to-wit:
Lots 3, 4, 5, 6 and 7, Block 187, "Rearrangement of St. Louis Park" together with that part
of the vacated alley which accrued thereto by reason of vacation thereof. (Abstract
Pro pert y)
Whereas, the pro perty is guided Com m ercial in the Comprehensive Plan future land use
m ap.
Whereas, the pro perty is located in the C-2 General Commercial zo ning district.
Whereas, The Block is a proposed restaurant that intends to serve intoxicating liquor.
Whereas, the applicant requests a conditional use permit to allow a restaurant with
intoxicating liquor.
Whereas, the applicant requests variances from the requirements of Zoning Ordinance
£- Section 36-361(c} to allow a decrease of 80 parking spaces from 96 required spaces to 16.
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Findings
Whereas, the city council has determ ined that the applications m eet the conditions fo r
restaurant w ith intoxicating liquor in the C-2 General Com m ercial zo ning district, including:
a. Access will be to W alker Street, which is identified in the comprehensive plan as a
collector, and will not generate significant traffi c on local streets.
b. The building is located 247 feet from the closest residential pro perty, which exceeds
the 10 0 feet m inim um separation required from any parcel that is zo ned residential
and used or subdivided for residential or has an occupied institutional building
including but not lim ited to a school, religious institution or comm unity center.
c. Separate pedestrianw ays will be constructed to allow fo r the separation of pedestrian
and vehicular movements within the parking lot.
d. The use is in confo rm ance w ith the comprehensive plan including any provisions of
the redevelopment chapter and the plan by neighborhood policies fo r the.
neighborhood in which it is located and conditions of appro val may be added as a
m eans of satisfy ing this requirement.
Whereas, the property is guided "Com mercial" in the comprehensive plan, w hich allow s
restaurants w ith intoxicating liquor.
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i. Whereas, the use of this property as a restaurant with intoxicating liquor is consistent
with and supportive of principles, goals, objectives, land use designations, redevelopment
plans, neighborhood objectives, and implementation strategies of the comprehensive plan.
Resolution No. 18-178 2
Whereas, the use is not detrimental to the health, safety, morals and general welfare of
the community as a whole. It will not have undue adverse impacts on the use and enjoyment of
properties, existing and anticipated traffic conditions, parking facilities on adjacent streets, and
values of properties in close proximity to the use.
Whereas, the use is consistent with the regulations, intent and purpose of city code and
the zoning district in which the use is located. The proposed plan, with staff recommended
conditions of approval, will meet the conditions required for a restaurant with intoxicating
liquor including the proposed building, parking lot and site improvements.
Whereas, the use will not have undue adverse impacts on governmental facilities, services
or improvements which are either existing or proposed.
Whereas, the site design is consistent with the design and other requirements of site and
landscape plans prepared by or under the direction of a professional landscape architect or civil
engineer registered in the state and adopted as part of the conditions imposed on the use by
the city council.
Whereas, the use and site design are consistent with the city's stormwater, sanitary
sewer, and water plans. On-site stormwater management improvements will be made as part
of the site improvements. The existing utilities have capacity for the use.
Whereas, the variance is in harmony with the general purposes and intent of the Zoning
Ordinance. The restaurant is adjacent to a large industrial area and it is not competing with the
industrial businesses for the on-street parking since their peak parking demands are at different
times of the day and week. The proposed off-peak parking meets the general intent of the
ordinance, and it results in a more efficient use of the available public parking in the area.
Whereas, the variance is consistent with the comprehensive plan. It allows the
construction of a restaurant with intoxicating liquor which is allowed in the C-2 General
Commercial zoning district, and is a desired use in the Historic Walker Lake area.
Whereas, there are practical difficulties in complying with the Zoning Ordinance. The
request for the variances is due in part to nature of the Historic Walker Lake area. It is the
original down town of St. Louis Park, and was constructed with a dependence upon on-street
parking and an expectation that most of the customers and employees walker or bike to the
business. As a result, the properties are small and have little or no on-site parking and there is a
large supply of on-street parking in the area.
Whereas, the contents of Case Nos. 18-49-CUP, 18-50-VAR are hereby entered into and
made part of the record of decision for this case.
Conclusion
Now therefore be it resolved that the conditional use permit and variance are hereby
approved and accepted by the city council as being in accord and conformity with all
ordinances, city plans and regulations of the City of St. Louis Park, provided, however, that this
Resolution No. 18-178 3
appro val is m ade subject to the opinion of the City Attorn ey and certification by the City Clerk
r and subject to the following conditions:
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1. The site shall be developed, used and m aintained in confo rm ance with the official
exhibits. The offi cial exhibits include:
a. Exhibit A: C2.0 Site plan
b. Exhibit B: C3.0 Grading Plan
c. Exhibit C: Ll.O Landscaping plan
d. Exhibit D: Building elevations
e. Exhibit.E: Photom etric plan
2. The pro pert y ow ner shall im plement and enfo rce a parking plan fo r customer and
employee vehicles which minimizes conflicts in public parking areas during the
industrial business peak parking tim es, and discourages parking in residential
areas.
3. The site m ust com ply with the city's landscaping regulations.
4. Required bicycle parking shall be pro vided on-site.
5. Pedestrian connections to the public sidew alk system shall be installed as required
by the City Engineer.
6. Prior to issuing the building perm it, the fo llow ing conditions shall be m et:
a. Applicant shall subm it a financial security in the fo rm of cash escro w or letter
of credit in the amount of 125% of the costs of landscaping.
b. Assent fo rm and offi cial exhibits m ust be signed by the applicant and ow ner.
7. All new utilities shall be buried.
8. All required perm its shall be obtained prior to starting construction, including but
not lim ited to:
a. NPDES grading/construction perm it.
b. City of St. Louis Park building, ero sion contro l, right-of-way, and sign permits.
c. M innehaha Creek W atershed District storm w ater m anagement perm it.
9. Prior to issuance of city building or erosion control perm its:
a. The city assent fo rm and the off icial exhibits shall be signed by pro perty ow ner
prior to issuance of a building permit.
10. Prior to the start of construction:
a. A preconst ruction m eeting shall be held with the appro priate development,
construction, private. utility, and city representatives.
b. A parking plan for construction workers and vehicles shall be submitted for
adm inistrative review and appro val by the city.
In addition to other rem edies, the developer or ow ner shall pay an adm inistrative penalty
of $750 per violation of any condition of this appro val.
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R e s o lu t io n N o . 1 8 -1 7 8 4
The City Clerk is instructed to record certified copies of this resolution in the Office of the
e nepin County Register of Deeds or Register of Titles as the case may be.
for administration: Adopted by the City Council November 5, 2018
Attest: