DISCLAIMER

 

06-0374R


RESOLUTION GRANTING A SPECIAL USE PERMIT TO S.V. BAYHILL, LLC/LOTUS REALTY FOR A LOW DENSITY PLANNED DEVELOPMENT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF BAYHILL DRIVE AND 75TH AVENUE WEST/PULASKY STREET IN FAIRMONT PARK.

BY COUNCILOR GILBERT:

     S.V. Bayhill, LLC/Lotus Realty has submitted to the city council a request for a special use permit for a low density planned development on property located on the southwest corner of Bayhill Drive and 75th Avenue West/Pulasky Street in Fairmont Park described as that part of Government Lot 2, Section 24, and that part of the SW1/4, SW1/4, Section 13, T49N,R15W, lying southeasterly and south of a line described as follows:

           Commencing at the northwest corner of said Section 24, thence south 0 degrees 29 minutes 58 seconds east (assumed bearing), along the west line of said Section 24 a distance of 1177.03 feet to the beginning of the line to be described; then north 32 degrees 34 minutes 45 seconds east along the southeasterly right-of-way line Burlington Northern, Inc. (formerly the Duluth transfer track of the Northern Pacific Railway) also being the northwesterly right-of-way line of the Lake Superior and Mississippi Railroad as described in deed recorded in Book K of Deeds, page 2, to the south line of said SW1/4 of SW1/4; then continuing northeasterly along the said southeasterly right-of-way line of the Burlington Northern, Inc., to the south line of Pulasky Street; thence southeast along the south line of Pulasky Street to the east line of said SW1/4 of SW1/4 except that part of Government Lot 2, Section 24, T49N,R15W, lying southeasterly, southerly and westerly of a line described as follows;

                 Commencing at the northwest corner of said Section 24, thence south 0 degrees 29 minutes 58 seconds east (assumed bearing), along the west line of said Section 24 a distance of 1297.96 feet to the beginning of the line to be described; thence north 32 degrees 34 minutes 45 seconds east along a line 66.00 feet distant and parallel with the southeasterly right-of-way of Burlington Northern, Inc. (formerly the Duluth transfer track of the Northern Pacific Railway) a distance of 212.00 feet; thence south 57 degrees 25 minutes 15 seconds east a distance of 46.51 feet; thence southerly and easterly along a tangential curve concave to the north having a radius of 183.00 feet and a central angle of 49 degrees 21 minutes 28 seconds a distance of 157.65 feet and the cord of said curve bears south 82 degrees 05 minutes 59 seconds east; thence south 11 degrees 07 minutes 58 seconds east a distance of 307 feet, more or less, to the northwesterly bank of the St. Louis River and said line there terminating. Except that part platted as Spirit Cove Division.

ALSO

           Lots 19 through 24, Block 33, Hunter and Markells Grassy Point Addition according to the plat thereof.

           Lots 26 through 29, Block 34, Hunter and Markells Grassy Point Addition according to the original plat thereof on file and of record in the office of the register of deeds; in an for said St. Louis County, Minnesota, in Book “C” of Plats, page 130;

and said permit application was duly referred to the city planning commission for a study, report and public hearing and the city planning commission has subsequently reported its approval to the city council; and

     The approval was made because of the city planning commission's findings that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood if conditions are observed.

     NOW, THEREFORE, BE IT RESOLVED, that a special use permit is hereby granted to S.V. Bayhill LLC/Lotus Realty to allow for the operation of a 15 unit low density planned development at the southwest corner of Bayhill Drive and 75th Avenue west/Pulasky Street, on condition that the development be limited to, constructed, and maintained in accordance with the following plans:

     (a)  Site plan and grading plan as submitted by Master Engineering entitled “Duluth Project, Bayhill Drive and Thompson Street,” dated 3/17/06;

     (b)  Building plans by FOX-1, entitled “SV Bay Hill,” Tuck-under Modular Model dated 3-28-06 and Model #1 dated 3-2-06;

     (c)  “Entry Monument Sign, L1,” by Markell-Labree Design Group (no date); as identified as Public Document No. _______________; and

     (d)  That the required SWPP, NPDES, grading and construction permits be secured prior to the issuance of any building permits.


STATEMENT OF PURPOSE:  This resolution grants a special use permit to S.V. Bayhill, LLC/Lotus Realty for a 15 single family unit low density planned development (Zoning Code Section 50-36.1) on a 12+ acre site located on the southwest corner of Bayhill Drive and 75th Avenue West/Pulasky Street in Fairmont Park.


The planning commission unanimously approved this resolution at its May 9, 2006, meeting.


In adopting this recommendation the commission found that the ordinance governing this application are sections 50-32 et. seq and 50-36.1 et. seq.; that compliance with that ordinance requires that the following facts, features or events show compliance:

     I)   Will the proposed special use result in a random pattern of development with little contiguity to existing or programmed development? No, this is a very low residential use in an area zoned for higher density residential use.

     II)  Will the requested use cause anticipated negative fiscal or environmental impacts upon the community? No, existing utilities and pubic roadways serve this site. No upgrades are anticipated.

     III) Will conditions and safeguards protect the comprehensive plan and conserve and protect property and property values in the neighborhood? Other than compliance with the submitted plans, no additional conditions are anticipated.

     IV)  What appropriate conditions and safeguards, including performance bonds and a specified period of time for the permit, are necessary? Other than compliance with the submitted plans, no additional conditions are anticipated.


Date Application Received: April 5, 2006

Action Deadline: August 2, 2006