HomeMy WebLinkAbout24-045 - ADMIN Resolution - City Council - 2024/04/01
Resolution No. 24-045
Amends and Restates Resolution No. 09-071
Amending and restating Resolution No. 09-071 adopted on May 18,
2009, and granting amendment to existing special permit
(conditional use) under section 36-37 of the St. Louis Park
ordinance code relating to zoning to allow a 1,000 square foot
addition at 3200 State Highway 100 South
FINDINGS
WHEREAS, Groves Academy has made application to the City Council for an
amendment to an existing special permit (conditional use) under Section 36-37 of the St. Louis
Park Ordinance Code to allow a 1,000 square foot addition at 3200 State Highway 100 South
within a R-2 Single Family Residential Zoning District having the following legal description:
Lots one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine
(9) and ten (10), inclusive, “Oak Park 2nd”, according to the recorded plat thereof,
being also described as the South eight hundred fifty (850) feet of that part of
the Northwest one-quarter (NW ¼) of the Northwest one-quarter (NW ¼) of
Section Six (6), Township Twenty-eight (28) North, Range Twenty-four (24) West
of the Fourth Principal Meridian lying East of the West 172.7 feet thereof and
West of State Highway No. 100, according to the United States Government
survey thereof
The South 850 feet of the West 172.7 feet of the West one-half (W ½) of the
West one-half (W ½) of the Northwest quarter (NW ¼) of the Northwest quarter
(NW ¼) of Section Six (6), Township Twenty-eight (28) North, Range Twenty-four
(24) West of the Fourth Principal Meridian according to the United States
Government Survey thereof
Lot 29 in “Norwaldo” according to the plat thereof on file and of record in the
office of the Register of Deeds of Hennepin County, Minnesota. Together with
that part of vacated alley lying between the extensions Easterly of the Northerly
and Southerly lines of said Lot 29, as vacated in Document No. 1621176.
(Abstract and Torrens)
WHEREAS, a special permit was issued regarding the subject property pursuant to
Resolution No. 01-062 of the St. Louis Park City Council dated July 16, 2001 which contained
conditions applicable to said property; and
WHEREAS, the special permit was amended on May 18, 2009 pursuant to Resolution No.
09-071; and
DocuSign Envelope ID: 06AFB822-5AE5-4182-A994-17F0C18C443B
WHEREAS, the City Council has considered the information related to Planning Case
Nos. 01-30-SP, 09-11-SP, and 24-08-CUP and the effect of the proposed 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 and the effect of the use
on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and
WHEREAS, due to changed circumstances, amendments to those conditions are now
necessary, requiring the amendment of that special permit; and
WHEREAS, it is the intent of this resolution to continue and restate the conditions of the
permit granted by Resolution No. 09-071, to add the amendments now required, and to
consolidate all conditions applicable to the subject property in this resolution;
WHEREAS, the contents of Case No. 01-30-SP, 09-11-SP, and 24-08-CUP are hereby
entered into and made part of the public hearing record and the record of decision for this
case.
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 09-071 is hereby restated and
amended by this resolution which continues and amends a special permit (conditional use) to
the subject property for the purposes of permitting a 1,000 square foot addition within the R-2
Single Family Residential District at the location described above based on the following
conditions:
1. The site shall be developed, used and maintained in accordance with Exhibit A, Site Plan,
as modified by the addition of eleven parking spaces.
2. Any new planting improvements on the site plan shall be completed by October 15,
1982.
3. The continued special permit shall be amended on October 4, 1999 to incorporate all of
the preceding conditions and add the following conditions:
a. The site shall be developed, used and maintained in accordance with Exhibits B
through H, Exhibit E to be revised per condition b.3) below, and condition 5
(amended July 2, 2001), such documents incorporated by reference herein.
b. Prior to any site work, the applicant shall comply with the following:
1) Obtain an erosion control permit from the Minnehaha Creek Watershed
District and forward a copy of permit to the City.
2) Obtain written permission from MNDOT for storm sewer pipe on public right
of way and driveway access changes along Highway 100 frontage road.
3) Exhibit E, Elevations, shall be revised to show no more than 10% Class III
materials on any façade. In addition, building materials samples shall be
submitted to and approved by the Zoning Administrator and Planning
Supervisor to ensure architectural integration and compatibility of all
materials used.
DocuSign Envelope ID: 06AFB822-5AE5-4182-A994-17F0C18C443B
c. Approval of a building permit, which may impose additional requirements.
d. A sign permit shall be obtained prior to installation of any new signage.
e. If it becomes necessary to increase the number of parking stalls to meet City
requirements for the approved building expansion, an increase of up to 10 stalls
may be approved administratively, provided that setback and bufferyard
requirements are met.
f. Assent form and official exhibits must be signed by applicant (or applicant and
owner if applicant is different from owner) prior to issuance of building permit.
4. The continued special permit shall be amended on December 18, 2000 to incorporate all
of the preceding conditions and extend the time to obtain a building permit to August
31, 2001.
5. The continued special permit shall be amended on July 16, 2001 to incorporate all of the
preceding conditions and to approve the proposed amendment to Exhibit E Elevations
dated as received by the City on July 9, 2001 subject to the following conditions:
a. The south elevation of the gymnasium shall be all brick.
b. A 10-foot high wainscoting of brick shall be added on the west and east
elevations.
6. The special permit shall be amended on May 18, 2009 to incorporate all of the
preceding conditions and add the following conditions:
a. The site shall be developed, used and maintained in accordance with exhibits
incorporated by reference herein.
b. A financial guarantee shall be submitted to guarantee the installation of
landscaping, parking lot, storm water and sidewalk improvements.
c. Proof of parking spaces shall be constructed as required by the city at any such
time as the city determines the spaces are needed as evidenced by vehicles
parking on the street and/or parking outside of the existing paved parking lot.
7. The special permit shall be amended on April 1, 2024 to incorporate all of the preceding
conditions and add the following conditions:
a. The site shall be developed, used, and maintained in accordance with the
approved official exhibits and city code.
b. Prior to issuance of building permits, the following conditions shall be met:
1) Final construction plans for all public improvements and private
stormwater systems shall be signed by a registered engineer and approved
by the city engineer.
2) 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
1.25 times the estimated costs for the installation of all private site
stormwater management system and landscaping.
c. The developer shall comply with the following conditions during construction:
DocuSign Envelope ID: 06AFB822-5AE5-4182-A994-17F0C18C443B
1) All city noise ordinances shall be complied with, including that there be no
construction activity between the hours of 7 p.m. and 7 a.m. Monday
through Friday, and between 7 p.m. and 9 a.m. on weekends and holidays.
2) The site shall be kept free of dust and debris that could blow onto
neighboring properties.
3) Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
4) The city shall be contacted a minimum of 72 hours prior to any work in a
public street.
5) 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.
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.
Under the zoning ordinance, this permit shall be revoked and cancelled if the building or
structure for which the conditional use permit is granted is removed.
It is further resolved that 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 April 1, 2024
Kim Keller, city manager Nadia Mohamed, mayor
Attest:
Melissa Kennedy, city clerk
DocuSign Envelope ID: 06AFB822-5AE5-4182-A994-17F0C18C443B
111 111111 11111 11 II I I II
LAND TYPE Abstract (A)
DOC NUM 11277001
Certified,filed and/or recorded on
Apr 15,2024 12:23 PM
Office of the County Recorder
Hennepin County,Minnesota
Amber Bougie,County Recorder
Daniel Rogan,County Auditor and Treasurer
Deputy 183 Pkg ID 2662926E
Document Recording Fee
Document Total
This cover sheet is now a permanent part of the recorded document.
$46.00
$46.00
II St.Louis ParkJlfson
City clerk's office
5005 Minnetonka Blvd.
St.Louis Park,MN 55416
952.928.2840
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ST.LOUIS PARK
ss "CITY COUNCIL RESOLUTION"
The undersigned hereby certifies the following:
1)The attached is a full,true and correct copy of the original
Resolution No.24-045 adopted April 1,2024,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.
4%.«K,+'O }CO RPO RA-·-
Date:April 8,2024
DocuSign Envelope ID:06AFB822-5A4E5-4182-A994-17F0018C443B
Resolution No.24-045
Amends and Restates Resolution No.09-071
Amending and restating Resolution No.09-071 adopted on May 18,
2009,and granting amendment to existing special permit
(conditional use)under section 36-37 of the St.Louis Park
ordinance code relating to zoning to allow a 1,000 square foot
addition at 3200 State Highway 100 South
FINDINGS
WHEREAS,Groves Academy has made application to the City Council for an
amendment to an existing special permit {conditional use)under Section 36-37 of the St.Louis
Park Ordinance Code to allow a 1,000 square foot addition at 3200 State Highway 100 South
within a R-2 Single Family Residential Zoning District having the following legal description:
Lots one (1),two (2),three (3),four (4),five (5),six (6),seven (7),eight (8),nine
(9)and ten (10),inclusive,"Oak Park 2"",according to the recorded plat thereof,
being also described as the South eight hundred fifty (850)feet of that part of
the Northwest one-quarter (NW)of the Northwest one-quarter (NW¼)of
Section Six (6),Township Twenty-eight (28)North,Range Twenty-four (24)West
of the Fourth Principal Meridian lying East of the West 172.7 feet thereof and
West of State Highway No.100,according to the United States Government
survey thereof
The South 850 feet of the West 172.7 feet of the West one-ha If (w)of the
West one-half (W)of the Northwest quarter (NW)of the Northwest quarter
(NW)of Section Six (6),Township Twenty-eight (28)North,Range Twenty-four
(24)West of the Fourth Principal Meridian according to the United States
Government Survey thereof
Lot 29 in "Norwaldo"according to the plat thereof on file and of record in the
office of the Register of Deeds of Hennepin County,Minnesota.Together with
that part of vacated alley lying between the extensions Easterly of the Northerly
and Southerly lines of said Lot 29,as vacated in Document No.1621176.
(Abstract and Torrens}
WHEREAS,a special permit was issued regarding the subject property pursuant to
Resolution No.01-062 of the St.Louis Park City Council dated July 16,2001 which contained
conditions applicable to said property;and
WHEREAS,the special permit was amended on May 18,2009 pursuant to Resolution No.
09-071;and
DocuSign Envelope ID:06AFB822-5A4E5-4182-A994-17F0018C443B
WHEREAS,the City Council has considered the information related to Planning Case
Nos.01-30-5P,09-11-SP,and 24-08-CUP and the effect of the proposed 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 and the effect of the use
on the Comprehensive Plan;and compliance with the intent of the Zoning Ordinance;and
WHEREAS,due to changed circumstances,amendments to those conditions are now
necessary,requiring the amendment of that special permit;and
WHEREAS,it is the intent of this resolution to continue and restate the conditions of the
permit granted by Resolution No.09-071,to add the amendments now required,and to
consolidate all conditions applicable to the subject property in this resolution;
WHEREAS,the contents of Case No.01-30-SP,09-11-SP,and 24-08-CUP are hereby
entered into and made part of the public hearing record and the record of decision for this
case.
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No.09-071 is hereby restated and
amended by this resolution which continues and amends a special permit {conditional use)to
the subject property for the purposes of permitting a 1,000 square foot addition within the R-2
Single Family Residential District at the location described above based on the following
conditions:
1.The site shall be developed,used and maintained in accordance with Exhibit A,Site Plan,
as modified by the addition of eleven parking spaces.
2.Any new planting improvements on the site plan shall be completed by October 15,
1982.
3.The continued special permit shall be amended on October 4,1999 to incorporate all of
the preceding conditions and add the following conditions:
a.The site shall be developed,used and maintained in accordance with Exhibits B
through H,Exhibit E to be revised per condition b.3)below,and condition 5
(amended July 2,2001),such documents incorporated by reference herein.
b.Prior to any site work,the applicant shall comply with the following:
1)Obtain an erosion control permit from the Minnehaha Creek Watershed
District and forward a copy of permit to the City.
2)Obtain written permission from MN DOT for storm sewer pipe on public right
of way and driveway access changes along Highway 100 frontage road.
3)Exhibit E,Elevations,shall be revised to show no more than 10%Class Ill
materials on any facade.In addition,building materials samples shall be
submitted to and approved by the Zoning Administrator and Planning
Supervisor to ensure architectural integration and compatibility of all
materials used.
DocuSign Envelope ID:06AFB822-5AE5-4182-A994-17F0018C4438
c.Approval of a building permit,which may impose additional requirements.
d.A sign permit shall be obtained prior to installation of any new signage.
e.If it becomes necessary to increase the number of parking stalls to meet City
requirements for the approved building expansion,an increase of up to 10 stalls
may be approved administratively,provided that setback and bufferyard
requirements are met.
f.Assent form and official exhibits must be signed by applicant (or applicant and
owner if applicant is different from owner)prior to issuance of building permit.
4.The continued special permit shall be amended on December 18,2000 to incorporate all
of the preceding conditions and extend the time to obtain a building permit to August
31,2001.
5.The continued special permit shall be amended on July 16,2001 to incorporate all of the
preceding conditions and to approve the proposed amendment to Exhibit E Elevations
dated as received by the City on July 9,2001 subject to the following conditions:
a.The south elevation of the gymnasium shall be all brick.
b.A 10-foot high wainscoting of brick shall be added on the west and east
elevations.
6.The special permit shall be amended on May 18,2009 to incorporate all of the
preceding conditions and add the following conditions:
a.The site shall be developed,used and maintained in accordance with exhibits
incorporated by reference herein.
b.A financial guarantee shall be submitted to guarantee the installation of
landscaping,parking lot,storm water and sidewalk improvements.
c.Proof of parking spaces shall be constructed as required by the city at any such
time as the city determines the spaces are needed as evidenced by vehicles
parking on the street and/or parking outside of the existing paved parking lot.
7.The special permit shall be amended on April1,2024 to incorporate all of the preceding
conditions and add the following conditions:
a.
b.
C.
The_site shall be_developed,used,and_maintained_in_accordance with the
approved official exhibits and city code.
Prior to issuance of building permits,the following conditions shall be met:
1)Final construction plans for all public improvements and private
stormwater systems shall be signed by a registered engineer and approved
by the city engineer.
2)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
1.25 times the estimated costs for the installation of all private site
stormwater management system and landscaping.
The developer shall comply with the following conditions during construction:
DocuSign Envelope ID:06AFB822-5A4E5 4182-4A994-17F0C18C443B
1)All city noise ordinances shall be complied with,including that there be no
construction activity between the hours of 7 p.m.and 7 a.m.Monday
through Friday,and between7 p.m.and9am._on weekends and holidays.
2)The site shall be kept free of dust and debris that could blow onto
neighboring properties.
3)Public streets shall_be_maintained free of dirt_and shall_be_cleaned as
necessary.
4)The city shall be contacted a minimum of 72 hours prior to any work in a
public street.
5)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.
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.
Under the zoning ordinance,this permit shall be revoked and cancelled if the building or
structure for which the conditional use permit is granted is removed.
It is fu rt her resolved that 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:
•setter,eity manager
Attest:
Adopted by the city council April 1,2024
4ohmmed,mayor