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HomeMy WebLinkAbout16-161 - ADMIN Resolution - City Council - 2016/12/19RESOLUTION NO. 16-161 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-151(d)(1) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A 70 -FOOT TALL COMMUNICATION TOWER FOR PROPERTY ZONED POS PARK AND OPEN SPACE DISTRICT LOCATED AT 8300 WEST FRANKLIN AVENUE BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City of St. Louis Park has made application to the City Council for a Conditional Use Permit under Section 36-151(d)(1) of the St. Louis Park Ordinance Code for the purpose of allowing a 70 -foot tall communication tower within a POS Park and Open Space district located at 8300 West Franklin Avenue for the legal description as follows, to -wit: LOT 4 AUD SUBD NO 285 ALSO THAT PART OF LOT 5 AUD SUBD NO 285 LYING N OF WESTWOOD ESTATES 2ND ADDN ALSO OUTLOTS 1 AND 4 WESTWOOD ESTATES 2ND ADDN AND THAT PART OF OUTLOT 3 WESTWOOD ESTATES 2ND ADDN LYING NLY OF WESTWOOD ESTATES 3RD ADD ALSO THAT PART OF LOT 6 AUD SUBD NO 285 AND OF LOT 1 BLK 1 WESTWOOD ESTATES ADDN DES AS BEG AT THE INTERECTION OF THE N LINE OF SAID LOT 6 WITH THE W LINE OF THIRD COUNTRY CLUB ADDN OF WESTWOOD HILLS TH W ALONG SAID N LINE TO THE NELY LINE OF WESTWOOD ESTATES 2ND ADDN TH SELY ALONG SAID NELY LINE TO THE NW COR OF LOT 1 BLK 1 WESTWOOD ESTATES ADDN TH SLY 28 FT ALONG W LINE OF SAID LOT 1 TH NELY TO A POINT IN THE N LINE OF SAID LOT 1 A DIS OF 57.41 FT ELY FROM SAID NW COR TH ELY TO A POINT IN THE W LINE OF THIRD COUNTRY CLUB ADDN OF WESTWOOD HILLS A DIS OF 32 FT NWLY ALONG SAID WLY LINE FROM THE NE COR OF SAID LOT 1 TH NLY ALONG SAID W LINE TO THE POINT OF BEG ALSO THAT PART OF THE NE 1/4 OF THE SE 1/4 OF SEC 6 T 117 R 21 DES AS BEG AT A POINT ON THE N LINE OF SAID NE 1/4 OF THE SE 1/4 A DIS OF 863.7 FT E FROM THE NW COR THOF TH W TO SAID NW COR TH S TO THE SW COR THOF TH E ALONG THE S LINE OF SAID NEA OF THE SE 1/4 TO THE W LINE OF VIRGINIA AVE S TH N ALONG SAID W LINE TO THE N LINE OF 16TH ST W TH E TO THE SW COR OF LOT 1 BLK 1 SECOND COUNTRY CLUB ADDN OF WESTWOOD HILLS TH N TO THE NW COR OF SAID LOT 1 TH E ALONG THE N LINE OF SAID BLK 1 A DIS OF 250 FT TH NELY TO A POINT ON THE S LINE OF THE N 1/4 OF THE S 1/2 OF THE NE 1/4 OF THE SE 1/4 A DIS OF 698.7 FT E FROM THE SW COR THOF TH E ALONG SAID S LINE TO THE E LINE OF SEC 6TH N ALONG SAID E LINE TO THE NE COR OF THE S 150 FT OF THE N % OF THE NE 1/4 OF THE SE 1/4 TH W ALONG THE N LINE OF SAID S 150 FT TO THE W LINE OF THE E 160 FT OF SAID N 1/2 TH N ALONG SAID W LINE TO A LINE RUN FROM A POINT ON THE E LINE OF SAID N 1/2 A DIS OF 230 FT S FROM THE NE COR OF SAID N 1/2 TO THE POINT OF BEG TH NWLY ALONG SAID LINE TO THE POINT OF BEG Subject to roads. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 16 -41 -CUP) and the effect of the proposed communication tower on the Resolution No. 16-16.1 -2- 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 communication tower 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 seriously depreciate surrounding property values, and the proposed communication tower is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4, The contents of Planning Case File 16 -41 -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 allow a 70 -foot -tall communication tower at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The communication tower shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2. The lighting fixture proposed for the communication tower shall be placed no higher than 20 feet above ground level. 3. All necessary permits must be obtained. 4. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the structure for which the conditional use permit is granted is removed. 5. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. The Ci Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin ounf Register of Deeds or Registrar of Titles as the case may be. by the City Council December 19, 2016 Manager Attest: Me Ii sa Kennedy 4tyerk