HomeMy WebLinkAbout18-053 - ADMIN Resolution - City Council - 2018/03/19RESOLUTION NO. 18-052
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79(b)
OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO
PERMIT EXCAVATION OF FILL FOR PROPERTY ZONED C-2 GENERAL
COMMERCIAL ZONING DISTRICT LOCATED AT 5525 CEDAR LAKE ROAD
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Lifetime Fitness has made application to the City Council for a Conditional Use Permit under
Section 36-79(b) of the St. Louis Park Ordinance Code for the purpose of excavation and
export of soils within a C-2 General Commercial Zoning District located at 5525 Cedar Lake
Road for the legal description as follows, to -wit:
Real property in the City of St. Louis Park, County of Hennepin, State of Minnesota,
described as follows: That part of the East 460.00 feet of Government Lot 1, Section
9, Township 117 North, Range 21 West of the 5th Principal Meridian, Hennepin
County, lying Northerly of the Burlington Northern, Inc., right-of-way, which lies
Southerly of the centerline of Old Cedar Lake Road.
Also, that part of the West 40.00 feet of the Northwest Quarter of the Northwest
Quarter of Section 31, Township 29 North, Range 24 West of the 4th Principal
Meridian, lying Northerly of the Burlington Northern, Inc., right-of-way, which lies
Southerly of the centerline of New County Road No. 16.
Also, that part of the Northwest Quarter of the Northwest Quarter of Section 31,
Township 29, Range 24, lying Northerly of the Great Northern Railroad (now
Burlington Northern, Inc.) Right -of -Way and Southerly of the center line of New
County Road No. 16, and which lies Easterly of a line 40.00 feet East, measured at
right angles to and parallel with the West line of said Northwest Quarter of the
Northwest Quarter, according to the United States Government Survey thereof, and
situate in Hennepin County, Minnesota, except that part acquired by the County of
Hennepin in Deed Document No. 4517060, recorded in the office of the Hennepin
County Recorder.
Said property also described on the Survey made by Bock & Clark's National
Surveyors Network dated October 16, 2006, last revised November 15, 2006, and
designated as Job No. 20061310-001, described as follows: Beginning at the
Southwest corner of the property, as depicted on survey; thence, on an assumed
bearing of NO degree 03 minutes 44 seconds W, 816.71 feet; thence, along a non-
tangential curve concave to the North, (curve data: central angle= 32 degrees 12
minutes 46 seconds, Radius = 716.20 feet, Length= 402.66 feet); thence, N 76
degrees 20 minutes 13 seconds E, 64.82 feet; thence, S 0 degree 03 minutes 44
seconds E, 132.98 feet; thence S 63 degrees 43 minutes 29 seconds E, 44.63 feet;
thence, SO degree 03 minutes 44 seconds E, 42.16 feet; thence, along a non-
tangential curve concave to the Northeast, (curve data: central angle - 29 degrees 09
minutes 08 seconds, Radius= 347.00, Length= 176.55 feet); thence, S 69 degrees 36
minutes 06 seconds E, 225.00 feet; thence, N 20 degrees 23 minutes 54 seconds E,
41.38 feet; thence, along a non-tangential curve concave to the Northeast, (curve
data: central angle = 19 degrees 39 minutes 31 seconds, Radius = 818.5 1, Length =
Resolution No. 18-052
280.84);thence, S 06 degrees 37 minutes 01 second W, 40.00 feet; thence, S 72
degrees 41 minutes 15 seconds W, 1196.54 feet back to the point of beginning.
Abstract Property
2. The City Council has considered the advice and recommendation of the Planning Commission
(Case No. 18 -04 -CUP) and the effect of the proposed excavation of 1,034 cubic yards of
material 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.
The Council has determined that the excavation of 1,034 cubic yards of material 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
is in harmony with the general purpose and intent of the Zoning Ordinance and the
Comprehensive Plan.
4. The contents of Planning Case File 18 -04 -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 export 1,034 cubic yards of material at the location
described is hereby granted based on the findings set forth above and subject to the following
conditions:
1. The site shall be developed, used and maintained in conformance with the Official Exhibits.
a. Sheet AL00:
Title Sheet
b. Sheet A2: Exterior Elevations
c. Sheet C1.00:
Removals and Site Plan
d. Sheet C2.00:
Landscape Plan
e. Sheet C3.00:
Erosion Control Plan
f. Sheet C4.00:
Details
2. 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.
3. All required permits shall be obtained prior to starting construction, including but not limited
to:
a. NPDES Grading/Construction Permit.
b. City of St. Louis Park Erosion Control and Building Permits.
c. A storrnwater management permit from the Minnehaha Creek Watershed District.
4. Stormwater Management: A complete soils report shall be submitted prior to permitting.
5. Approval of a Building Permit, which may impose additional requirements.
Resolution No. 18-052
6. In addition to any other remedies, the developer or owner shall pay an administrative fee of
$750.4Nr violation of any condition of this approval.
for Agministration: Adopted by the City Council March 19, 2018
----( - q 'I 6-vzat"� ,
ThouW K. ening, City Manager J Spano yor
Attest:
\,An, AA'Zilmu�
Mel ss ennedyl 64 Clerk