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HomeMy WebLinkAboutResolution 7036RESOLUTION NO. 7036 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION AND A CONDITIONAL USE PERMIT FOR THE PROPERTY LOCATED AT 2280 COUNTY ROAD I, PLANNING CASE NOS. M12007-001 AND CU2007-002 WHEREAS, Moundsview Fina, LTD., represented by Leon Theis and Thomas Manke, property owners of 2280 County Road I, have requested a Minor Subdivision and a Conditional Use Permit to allow a Motor Fuel Station; and, WHEREAS, the subject properties are legally described as follows: Lot 1, Block 4, Spring Lake Park Highlands, except the west 54 feet thereof, and also except the south 16 feet thereof, Ramsey County, Minnesota and, The West 54 feef of Lot 1, Block 4, Spring Lake Park Highlands, The South 16 feet of Lot 1, Block 4, Spring Lake Park Highlands, except the West 54 feet thereof, Lot 2, Block 4, Spring Lake Park Highlands, The East 30 feet of the North half of Lot 4, Block 4, Spring Lake Park Highlands, Ramsey County, Minnesota WHEREAS, the City Council has reviewed the following documents regarding this proposal: 1. Planning Application 2. Zoning Map 3. Aerial Map 4. Comprehensive Plan Future Land Use Map 5. Photographic Documentation 6. Certificate of Survey 7. Existing & Proposed Conditions Site Plans WHEREAS, the Planning Commission heard the case regarding this minor subdivision and conditional use permit request on Wednesday, April 4, 2007 and recommended approval of the Minor Subdivision and Conditional Use Permit to the City Council as outlined in their Resolution 861-07; and, WHEREAS, the City Council held a public meeting regarding this request on Monday, April 9, 2007; and, ~.,~M~~ ,w'~i~r~ 706 'c' ~ NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council makes the following findings of fact regarding the minor subdivision and conditional use permit requests for as required by the Mounds View Zoning Code: A Certificate of Survey and Title Commitment have been submitted to the City and reviewed by the City Attorney, and found to be acceptable. 2. The proposed subdivision and lot combination will increase the property size of 2280 County Road I from 9,562 square feet and lot dimensions of 134' x 71', to 24,395 square feet with lot dimensions of approximately 134' x 187', which would then exceed the minimum square foot and lot dimension requirements for a gas station. 3. The requests for a subdivision and conditional use permit should not negatively impact or depreciate the adjacent properties due to the use of the property not changing. 4. The Property currently has 17 parking spaces shown on the proposed conditions site plan. The site currently has adequate paved area available to meet the required 18 spaces, should an additional parking space be needed. 5. The applicant has demonstrated a need for the minor subdivision and conditional use permit, in order to bring the property into full compliance with the City Code. 6. There do not appear to be any adverse effects associated with the proposed minor subdivision and conditional use permit. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View City Council approves the minor subdivision of 2280 County Road I, subject to the following conditions: 1. The applicant shall arrange to have the deeds prepared and recorded with Ramsey County within 60 days of City Council approval, or this approval shall be considered null and void. Extensions may be granted at the discretion of the City in the case of extraordinary unanticipated delays out of the applicant's control. Proof of recordation shall be provided to the City of Mounds View within 10 days of recordation. 2. The applicant shall record the new drainage and utility easement documents over Parcels A and 6. 3. The applicant shall pay a park dedication fee in the amount of $2,135.90. This amount shall be paid to the City prior to receiving the signed resolution of approval from the City. The applicant has the right to appeal this fee within sixty days of the approval of the subdivision application, pursuant to Minnesota Statutes, Sections 462.358 and 462.361. ~ec~ltir~ 7Q~ Wage 4. The applicant shall arrange to either amend the current Party Wall Agreement in order to describe the location of the wall on Parcel 2, and that the owners of Parcel 1 join in the agreement; or release the current agreement and a new agreement be entered into by the owners of Parcels 1 and the owners of Parcel 2 which identifies the location of the party wall as it relates to the newly configured lots. The applicant shall have this agreement recorded at the time the plat is recorded. NOW, THEREFORE, BE IT FINALLY RESOLVED, based upon the above findings of fact, the Mounds View City Council approves the conditional use permit for the Neighborhood Motor Fuel Station, subject to the following condition: 1. Successful recording of subdivision documents with Ramsey County. The conditional use permit shall be considered null and void if not acted on within one year. Adopted this 9th day of April, 2007. /~ ,~~ Rob arty, Mayor Attest: ~--~'~ .. Kurt Ulrich, City Clerk/Administrator (Seal)