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HomeMy WebLinkAbout18-178 - ADMIN Resolution - City Council - 2018/11/05Resolution No. 18-178 Resolution approving a conditional use permit and variance for 7008 Highway 7 Whereas, Luke Durheim, representing Craft & Crew, applied for a conditional use permit and variance for the purpose of operating a restaurant with intoxicating liquor at 7008 Highway 7; the property is legally described as follows, to -wit: map. Lots 3, 4, 5, 6 and 7, Block 187, "Rearrangement of St. Louis Park" together with that part of the vacated alley which accrued thereto by reason of vacation thereof. (Abstract Property) Whereas, the property is guided Commercial in the Comprehensive Plan future land use Whereas, the property is located in the C-2 General Commercial zoning district. Whereas, The Block is a proposed restaurant that intends to serve intoxicating liquor. Whereas, the applicant requests a conditional use permit to allow a restaurant with intoxicating liquor. Whereas, the applicant requests variances from the requirements of Zoning Ordinance Section 36-361(c) to allow a decrease of 80 parking spaces from 96 required spaces to 16. Findings Whereas, the city council has determined that the applications meet the conditions for restaurant with intoxicating liquor in the C-2 General Commercial zoning district, including: a. Access will be to Walker Street, which is identified in the comprehensive plan as a collector, and will not generate significant traffic on local streets. b. The building is located 247 feet from the closest residential property, which exceeds the 100 feet minimum separation required from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. c. Separate pedestrianways will be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot. d. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. Whereas, the property is guided "Commercial" in the comprehensive plan, which allows restaurants with intoxicating liquor. Whereas, the use of this property as a restaurant with intoxicating liquor is consistent with and supportive of principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the comprehensive plan. Resolution No. 18-178 2 Whereas, the use is not detrimental to the health, safety, morals and general welfare of the community as a whole. It 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 use. Whereas, the use is consistent with the regulations, intent and purpose of city code and the zoning district in which the use is located. The proposed plan, with staff recommended conditions of approval, will meet the conditions required for a restaurant with intoxicating liquor including the proposed building, parking lot and site improvements. Whereas, the use will not have undue adverse impacts on governmental facilities, services or improvements which are either existing or proposed. Whereas, the site design is consistent with the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect or civil engineer registered in the state and adopted as part of the conditions imposed on the use by the city council. Whereas, the use and site design are consistent with the city's stormwater, sanitary sewer, and water plans. On-site stormwater management improvements will be made as part of the site improvements. The existing utilities have capacity for the use. Whereas, the variance is in harmony with the general purposes and intent of the Zoning Ordinance. The restaurant is adjacent to a large industrial area and it is not competing with the industrial businesses for the on -street parking since their peak parking demands are at different times of the day and week. The proposed off-peak parking meets the general intent of the ordinance, and it results in a more efficient use of the available public parking in the area. Whereas, the variance is consistent with the comprehensive plan. it allows the construction of a restaurant with intoxicating liquor which is allowed in the C-2 General Commercial zoning district, and is a desired use in the Historic Walker Lake area. Whereas, there are practical difficulties in complying with the Zoning Ordinance. The request for the variances is due in part to nature of the Historic Walker Lake area. It is the original down town of St. Louis Park, and was constructed with a dependence upon on -street parking and an expectation that most of the customers and employees walker or bike to the business. As a result, the properties are small and have little or no on-site parking and there is a large supply of on -street parking in the area. Whereas, the contents of Case Nos. 18 -49 -CUP, 18 -50 -VAR are hereby entered into and made part of the record of decision for this case. Conclusion Now therefore be it resolved that the conditional use permit and variance are hereby approved and 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 Resolution No. 18-178 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 site shall be developed, used and maintained in conformance with the official exhibits. The official exhibits include: a. Exhibit A: C2.0 Site plan b. Exhibit B: C3.0 Grading Plan c. Exhibit C: L1.0 Landscaping plan d. Exhibit D: Building elevations e. Exhibit E: Photometric plan 2. The property owner shall implement and enforce a parking plan for customer and employee vehicles which minimizes conflicts in public parking areas during the industrial business peak parking times, and discourages parking in residential areas. 3. The site must comply with the city's landscaping regulations. 4. Required bicycle parking shall be provided on-site. 5. Pedestrian connections to the public sidewalk system shall be installed as required by the City Engineer. 6. Prior to issuing the building permit, the following conditions shall be met: a. Applicant shall submit a financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping. b. Assent form and official exhibits must be signed by the applicant and owner. 7. All new utilities shall be buried. 8. 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 building, erosion control, right-of-way, and sign permits. c. Minnehaha Creek Watershed District stormwater management permit. 9. Prior to issuance of city building or erosion control permits: a. The city assent form and the official exhibits shall be signed by property owner prior to issuance of a building permit. 10. Prior to the start of construction: a. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and city representatives. b. A parking plan for construction workers and vehicles shall be submitted for administrative review and approval by the city. In addition to other remedies, the developer or owner shall pay an administrative penalty of $750 per violation of any condition of this approval. Resolution No. 18-178 4 The City Clerk is instructed to record certified copies of this resolution in the Office of the epin County Register of Deeds or Register of Titles as the case may be. administration: Adopted by the City Council November 5, 2018 City Manager Attest: