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HomeMy WebLinkAbout20-181 - ADMIN Resolution - City Council - 2020/12/07Resolution No. 20-181 Resolution approving a conditional use permit for 1349 and 1357 Pennsylvania Avenue South Whereas, Patrick Juetten on behalf of Waypoint Development LLC, applied for a conditional use permit for the purpose of adding a dwelling unit to an existing multi-family building at 1349 and 1357 Pennsylvania Avenue South; the properties are legally defined as follows, to-wit: Lots 1 and 2, Block 1, Bar-Ett Addition, Hennepin County, Minnesota Whereas, the properties are guided RM – Medium Family Residential in the 2040 Comprehensive Plan future land use map; and Whereas, the properties are located in the R-4 Multiple Family Residence zoning district; and Whereas, a multi-family residence building is permitted with a conditional use permit in the R-4 zoning district. Findings Whereas, the city council has considered the advice and recommendations of the planning commission (20-24-CUP) and has determined the proposed additional dwelling unit will not be detrimental to the health, safety, or welfare of the community, is consistent with the Comprehensive Plan, and compliant with the intent of the Zoning Ordinance; and Whereas, the use 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; and Whereas, the use will not have undue adverse impacts of governmental facilities, services or improvements that are existing or proposed, and the use is consistent with city utility plans; and Whereas, the site is consistent with the design and other requirements of the site and landscape plans, which have been adopted as part of the conditions imposed on the use by the city council; and Whereas, the city council has determined the application meets the conditions for a multi-family building in the R-4 Multiple Family Residence zoning district; and Whereas, the contents of the Planning Case File 20-24-CUP are hereby entered into and made part of the public hearing record and record of decision for this case. DocuSign Envelope ID: 9F69A768-7571-4A42-8493-2DA0A331703C Resolution No. 20-181 2 Now therefore be it resolved, that the St. Louis Park City Council hereby approves a Conditional Use Permit for Waypoint Development LLC to allow multi-family buildings at 1349 and 1357 Pennsylvania Avenue South, subject to the following conditions : 1. The site shall be developed, used and maintained in accordance with the conditions of this ordinance, approved Official Exhibits, and City Code. 2. Prior to issuing building permits, BOZA approves a variance application to allow greater than 10% class III exterior materials, painted brick, or the paint is removed. 3. Prior to starting any construction 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 companies and city representatives. c. All necessary permits shall be obtained. 4. 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. Temporary electric power connections shall not adversely impact surrounding neighborhood service. 5. 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. 6. 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 Registrar of Titles as the case may be. Reviewed for administration: Adopted by the City Council December 7, 2020 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk DocuSign Envelope ID: 9F69A768-7571-4A42-8493-2DA0A331703C