HomeMy WebLinkAbout23-067 - ADMIN Resolution - City Council - 2023/05/15
Resolution No. 23-067
Resolution approving a conditional use permit to allow the construction of the
Corsa apartment building within the floodplain utilizing alternative construction
methods at 3440 Beltline Blvd.
Whereas, Eric Ryan, on behalf of OPUS Development Company, applied for a conditional
use permit (Case No. 23-04-CUP) to allow the Corsa apartment building to be construction
within the floodplain utilizing alternative construction methods at 3440 Beltline Blvd.; the
property is legally described as follows, to-wit:
Lot 1, Block 1, “Belt Line Industrial Park 4th Addition”, Hennepin County, Minnesota.
Whereas the property is located in the PUD-20 zoning district.
Whereas city code section 36-297(c)(1) allows the construction of buildings within the
floodplain utilizing alternative construction methods instead of placing additional fill in the
floodplain to extend the regulatory flood protection elevation a minimum of 15 feet from the
building.
Whereas the city determined that the alternative construction methods for the
construction of the apartment building is necessary for the following reasons:
1. It reduces the amount of fill in the floodplain and preserves natural flood storage.
2. The plan provides compensatory storage to offset fill placed in the floodplain, so the
development does not reduce the volume of flood storage.
3. It preserves the pedestrian connection and interaction between the building and public
way by minimizing barriers such as retaining walls and elevated entrances to the
building.
Whereas the use of the property as an apartment building is consistent with and
supportive of the principles, goals, objectives, land use designations, redevelopment plans,
neighborhood objectives, and implementation strategies of the comprehensive plan.
Whereas the use of alternative construction methods is not detrimental to the health,
safety and general welfare of the community as a whole.
Whereas the use of alternative construction methods is consistent with the regulations,
intent and purpose of the city code. The approved plans meet the conditions required for
alternative construction within a floodplain.
Whereas the use will not have undue adverse impacts on governmental facilities, services
or improvements which are either existing or proposed.
Whereas the contents of Case No. 23-04-CUP are hereby entered into and made part of
the record of decision for this case.
DocuSign Envelope ID: ECA42BAF-680B-4175-AE12-5BC0CE802493
Conclusion
Now therefore be it resolved that the conditional use permit is hereby approved for 3440
Beltline Blvd. to allow the construction of an apartment building within the floodplain utilizing
alternative construction methods. The application is 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 final grades around the building be completed as illustrated in Exhibit A -Site Plan,
Exhibit B-Grading Plan.
2. A final elevation certificate shall be submitted upon completion of the final grade.
3. A floodproofing certificate shall be submitted upon completion of the final grade.
4. 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.
5. 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 May 15, 2023.
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
DocuSign Envelope ID: ECA42BAF-680B-4175-AE12-5BC0CE802493
Elliott B.Knetsch
Andrea McDowell Poehler
Soren M.Mattick
David S.Kendall
Jared D.Shepherd
Henry A.Schaeffer,III
Alina Schwartz
James ].Monge,III
Jerome M.Porter
Leah C.M.Koch
Meagan K.Kelley
Benjamin J.Colburn
Cara A.McDonald
Jack S.Brooksbank
Cole A.Birkeland
Amy K.L.Schmidt
Joel J.Jamnik"
'of Counsel
Thomas J.Campbell
Roger N.Knutson*
Retired
CAMPBELL KNUTSON
PROFESSIONAL ¢ASSOCIATION
September 12,2023
Ms.Amanda Scott-Lerdal
City of St.Louis Park
Office of the City Clerk
5005 Minnetonka Blvd
St.Louis Park,MN 55416
Re:Miscellaneous Recordings
Ms.Scott-Lerdal:
Enclosed and returned to you:
•Resolution No.21-066 approving the preliminary and final plat of Belt Line Industrial
Park 4 Addition,recorded September 8,2023 in the Office of the Registrar of Titles
for Hennepin County,as Torrens Document No.T6034566;
•Resolution No.23-057 approving a Conditional Use Permit to allow building and site
improvements at 5804 Excelsior Boulevard,recorded September 11,2023 in the Office
of the Registrar of Titles for Hennepin County,as Torrens Document No.T6034867;
•Resolution No.23-067 approving a Conditional Use Permit to allow the construction
of the Corsa Apartment Building within the floodplain utilizing alternative construction
methods at 3440 Beltline Boulevard,recorded September 11,2023 in the Office of the
Registrar of Titles for Hennepin County,as Torrens Document No.T6034871;and
•Resolution No.23-068 approving a Conditional Use Permit to allow the construction
of the Risor Apartment Building within the floodplain utilizing alternative construction
methods at 3510 Beltline Boulevard,recorded September 11,2023 in the Office of the
Registrar of Titles for Hennepin County,as Torrens Document No.T6034881.
These documents were e-recorded.Therefore,I have stapled thee-recorded documents
to the original certified copies provided for recording.
If you have any questions regarding the above,please give me a call.
Thank you.
Respectfully,
Grand Oak Office Center I
860 Blue Gentian Road
Suite 290
Eagan,Minnesota 55121
Main:651-452-5000
Fax:651-234-6237
www.ck-law.com
CAMPBELL KNUTSON
Professional Association
Stuart M.Teigen,Legal Assistant
/smt
Enclosures
211919v5
RECEIVED
SEP 15 2023
DFFICE OF THE CITY CLERK
111111111111 1111111111
LAND TYPE Torrens (T)
DOC NUM 6034871
Certified,filed and/or recorded on
Sep 11,2023 11:15 AM
Office of the Registrar of Titles
Hennepin County,Minnesota
Amber Bougie,Registrar of Titles
Daniel Rogan,County Auditor and Treasurer
Deputy 175 Pkg ID 2600929E
Existing Certs
1537422
Document Recording Fee
Document Total
This cover sheet is now a permanent part of the recorded document.
$46.00
$46.00
JI St.Louis ParkJIson
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )ss
CITY OF ST.LOUIS PARK )
The undersigned hereby certifies the following:
City clerk's office
5005 Minnetonka Blvd.
St.Louis Park,MN 55416
952.928.2840
"CITY COUNCIL RESOLUTION"
1)The attached is a full,true and correct copy of the original
Resolution No.23-067 adopted May 15,2023,and on file in the
Office of the City Clerk.
2)The city council meeting was held upon due call and notice.
WITNESS my hand and the Seal of the City of St.Louis Park.
Date:August 31,2023
.
DocuSign Envelope ID;ECA42BAF -680-4175-A4E12-5C0CE802493
Resolution No.23-067
Resolution approving a conditional use perm it to allow the construction of the
Corsa apartm ent building w ithin the floodplain utilizing altern ative construction
m ethods at 344 0 Beltline Blvd.
Whereas,Eric Ryan,on behalf of OPUS Development Company,applied for a conditional
use permit (Case No.23-04-CUP)to allow the Corsa apartment building to be construction
within the floodplain utilizing alternative construction methods at 3440 Beltline Blvd.;the
property is legally described as follows,to-wit:
Lot 1,Block 1,"Belt Line Industrial Park 4 Addition",Hennepin County,Minnesota.
Whereas the property is located in the PUD-20 zoning district.
Whereas city code section 36-297(c)(1)allows the construction of buildings within the
floodplain utilizing alternative construction methods instead of placing additional fill in the
floodplain to extend the regulatory flood protection elevation a minimum of 15 feet from the
building.
Whereas the city determined that the alternative construction methods for the
construction of the apartment building is necessary for the following reasons:
1.It reduces the amount of fill in the floodplain and preserves natural flood storage.
2.The plan provides compensatory storage to offset fill placed in the floodplain,so the
development does not reduce the volume of flood storage.
3.It preserves the pedestrian connection and interaction between the building and public
way by minimizing barriers such as retaining walls and elevated entrances to the
building.
Whereas the use of the property as an apartment building is consistent with and
supportive of the principles,goals,objectives,land use designations,redevelopment plans,
neighborhood objectives,and implementation strategies of the comprehensive plan.
Whereas the use of alternative construction methods is not detrimental to the health,
safety and general welfare of the community as a whole.
Whereas the use of alternative construction methods is consistent with the regulations,
intent and purpose of the city code.The approved plans meet the conditions required for
alternative construction within a floodplain.
Whereas the use will not have undue adverse impacts on governmental facilities,services
or improvements which are either existing or proposed.
Whereas the contents of Case No.23-04-CUP are hereby entered into and made part of
the record of decision for this case.
DocuSign Envelope ID:ECA42BAF -6 80B-4 175-AE12-58C0CE802493
Conclusion
Now therefore be it resolved that the conditional use permit is hereby approved for 3440
Beltline Blvd.to allow the construction of an apartment building within the floodplain utilizing
alternative construction methods.The application is 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 final grades around the building be completed as illustrated in Exhibit A-Site Plan,
Exhibit B-Grading Plan.
2.A final elevation certificate shall be submitted upon completion of the final grade.
3.A floodproofing certificate shall be submitted upon completion of the final grade.
4.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.
5.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:
[}DocuSlgned by:•Kim Keller,city manager
Attest:
Melissa Kennedy,city clerk
Adopted by the city council May 15,2023.
Q'"'"""''"')#.
5032E0777049400...Jake Spano,mayor
JI St.Louis Parkllrs«sor»
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )ss
CITY OF ST.LOUIS PARK )
The undersigned hereby certifies the following:
City clerk's office
5005 Minnetonka Blvd.
St.Louis Park,MN 55416
952.928.2840
"CITY COUNCIL RESOLUTION"
1)The attached is a full,true and correct copy of the original
Resolution No.23-067 adopted May 15,2023,and on file in the
Office of the City Clerk.
2)The city council meeting was held upon due call and notice.
WITNESS my hand and the Seal of the City of St.Louis Park.
Date:August 31,2023
DocuSign Envelope ID:ECA42BAF-680B-4175-AE12-5BC0CE802493
Resolution No.23-067
Resolution approving a conditional use permit to allow the construction of the
Corsa apartment building within the floodplain utilizing alternative construction
methods at 3440 Beltline Blvd.
Whereas,Eric Ryan,on behalf of OPUS Development Company,applied for a conditional
use permit (Case No.23-04-CUP)to allow the Corsa apartment building to be construction
within the floodplain utilizing alternative construction methods at 3440 Beltline Blvd.;the
property is legally described as follows,to-wit:
Lot 1,Block 1,"Belt Line Industrial Park 4Addition",Hennepin County,Minnesota.
Whereas the property is located in the PUD-20 zoning district.
Whereas city code section 36-297(c)(1)allows the construction of buildings within the
floodplain utilizing alternative construction methods instead of placing additional fill in the
floodplain to extend the regulatory flood protection elevation a minimum of 15 feet from the
building.
Whereas the city determined that the alternative construction methods for the
construction of the apartment building is necessary for the following reasons:
1.It reduces the amount of fill in the floodplain and preserves natural flood storage.
2.The plan provides compensatory storage to offset fill placed in the floodplain,so the
development does not reduce the volume of flood storage.
3.It preserves the pedestrian connection and interaction between the building and public
way by minimizing barriers such as retaining walls and elevated entrances to the
building.
Whereas the use of the property as an apartment building is consistent with and
supportive of the principles,goals,objectives,land use designations,redevelopment plans,
neighborhood objectives,and implementation strategies of the comprehensive plan.
Whereas the use of alternative construction methods is not detrimental to the health,
safety and general welfare of the community as a whole.
Whereas the use of alternative construction methods is consistent with the regulations,
intent and purpose of the city code.The approved plans meet the conditions required for
alternative construction within a floodplain.
Whereas the use will not have undue adverse impacts on governmental facilities,services
or improvements which are either existing or proposed.
Whereas the contents of Case No.23-04-CUP are hereby entered into and made part of
the record of decision for this case.
DocuSign Envelope ID:ECA42BAF-680B-4175-AE12-5BC0CE802493
Conclusion
Now therefore be it resolved that the conditional use permit is hereby approved for 3440
Beltline Blvd.to allow the construction of an apartment building within the floodplain utilizing
alternative construction methods.The application is 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 final grades around the building be completed as illustrated in Exhibit A-Site Plan,
Exhibit 8-Grading Plan.
2.A final elevation certificate shall be submitted upon completion of the final grade.
3.A flood proofing certificate shall be submitted upon completion of the final grade.
4.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.
5.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:
Kim Keller,city manager
Attest:
~DocuSigned by:
m11 ,'
:,.,,,<«;<-,,:-t!fl,<';:-'
2cr5arc#5E0439MelissaKennedy,city clerk
Adopted by the city council May 15,2023.
Q'~"'""""•50320777049438-Jake Spano,mayor