HomeMy WebLinkAbout20-098 - ADMIN Resolution - City Council - 2020/06/15Resolution No. 20-098
Resolution approving a conditional use permit for 7924 Highway 7
Whereas, David Anderson, representing Frauenshuh Inc, applied for a conditional use
permit for the purpose of constructing a new building and drive-up ATM at 7924 Highway 7; the
property is legally described as follows, to-wit:
Lots 25, 26, 27, and 28, Except the East 26 feet of said Lots; and
Lots 29, 30, 31, and 32,
All in Block 312, “Rearrangement of St Louis Park”, Hennepin County, Minnesota.
Whereas, the property is guided Commercial in the Comprehensive Plan future land use map.
Whereas, the property is located in the C-1 Neighborhood Commercial zoning district.
Whereas, the applicant requests a conditional use permit to allow in -vehicle sales on the site.
Findings
Whereas, the city council has determined that the application meets the conditions for in -
vehicle sales in the C-1 Neighborhood Commercial district, including:
1. The drive-through facility is more than 100 feet from any parcel zoned residential
and used for residential use.
2. The site plan provides for stacking of six cars per customer service point and
complies with all yard requirements.
3. The drive-through facility use will not have a significant adverse effect on the
existing level of service of adjacent streets and intersections.
4. The drive-through facility is designed so that it does not impede traffic or impair
vehicular and pedestrian movement, or exacerbate the potential for pedestrian or
vehicular conflicts.
5. The site has access to a roadway identified in the comprehensive plan as a
collector or arterial.
6. The drive-through canopy design is compatible with the architectural design and
materials of the principal structure.
7. The drive-through facility use is in conformance with the comprehensive plan
including any provisions of the redevelopment chapter and the plan by
neighborhood policies for the neighborhood in which it is located.
Whereas, the uses on the property are a bank, which is a permitted use in the C-1 zoning
district, and in-vehicle sales, which is permitted with a conditional use permit in the C-1 zoning
district.
Whereas, the in-vehicle sales use of this property is consistent with and supportive of
principles, goals, objectives, land use designations, redevelopment plans, neighborhood
objectives, and implementation strategies of the comprehensive plan.
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Resolution No. 20-098 2
Whereas, the in-vehicle sales 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 conditional use.
Whereas, the in-vehicle sales use is consistent with the regulations, intent and purpose of
City Code and the zoning district in which the conditional use is located.
Whereas, the in-vehicle sales use will not have undue adverse impacts on governmental
facilities, services or improvements which are either existing or proposed.
Whereas, the project plans are 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 project plans are consistent with the City’s stormwater, sanitary sewer, and
water plans.
Whereas, the contents of Case No. 20-07-CUP 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 is 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 approval is made
subject to the opinion of the City Attorney and certification by the City Clerk and subject to the
following conditions:
1. The site shall be developed, used and maintained in accordance with the conditions of
this resolution, approved official exhibits and city code.
2. More detailed stormwater plans shall be provided for city review and approval by city
engineering staff before building permits are issued.
3. Construction and staging information shall be provided to staff to the city before or
when building permits are submitted and before the city will issue the permits.
4. All new utility service structures shall be buried.
5. Prior to starting any land disturbing activities, the following conditions shall be met:
a. The developer shall sign the city's assent form and the official exhibits.
b. A preconstruction meeting shall be held with the appropriate development,
construction, private utility, and city representatives.
c. All necessary permits shall be obtained.
6. Prior to issuance of building permits, the following conditions shall be met:
a. The developer shall sign the City's assent form and the official exhibits.
b. Final construction plans for all public improvements and private stormwater
system shall be signed by a registered engineer and approved by the city Engineer.
c. A performance guarantee in the form of cash escrow or irrevocable letter of
credit shall be provided to the City of St. Louis Park in the amount of 125% of the
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Resolution No. 20-098 3
cost for all public improvements (street, sidewalks, boulevards, utility, etc.) and
landscaping.
7. The developer 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 p.m. and 7 a.m. Monday through
Friday, and between 10 p.m. and 9 a.m. on weekends 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 City shall be contacted a minimum of 72 hours prior to any work in a public
street.
e. Work in a public street shall take place only upon the determination by the City
Engineer (or designee) that appropriate safety measures have been taken to
ensure motorist and pedestrian safety.
f. The developer shall install and maintain chain link security fencing that is at least
six feet tall along the perimeter of the site. All gates and access points shall be
locked during non-working hours.
g. Temporary electric power connections shall not adversely impact surrounding
neighborhood service.
8. Prior to the issuance of any permanent certificate of occupancy permit the public
improvements, private utilities, site landscaping and irrigation, and storm water
management system shall be installed in accordance with the official exhibits.
9. Upon city approval of and acceptance of the public sidewalks, the developer shall
provide a one-year warranty and cash escrow or letter of credit for 25% of the final
construction costs of the public sidewalk.
10. 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.
The conditional use 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
Hennepin County Register of Deeds or Register of Titles as the case may be.
Reviewed for administration: Adopted by the City Council June 15, 2020
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
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