HomeMy WebLinkAboutCity Council Resolution 2007-033CITY OF PLYMOUTH
RESOLUTION 2007-033
APPROVING A CONDITIONAL USE PERMIT FOR AMERICAN SIDEWALK CAFE
AT THE FOUR SEASONS SHOPPING CENTER LOCATED AT 4184 LANCASTER
LANE (2006112)
WHEREAS, American Sidewalk Cafe, has requested approval of a conditional use permit
to allow a restaurant in the C-2 (Neighborhood Commercial) Zoning District in the Four
Seasons Shopping Center, for property located at 4184 Lancaster Lane; and
WHEREAS; the subject property is legally described as
That part of Lot 3, Block 1, PLYMOUTH PLAZA 4TH ADDITION, according to
the recorded plat thereof, Hennepin County, Minnesota, lying Westerly of
Hennepin County State Aid Highway No. 18, Plat 32 according to the recorded
plat thereof and Northerly of the following described line; Commencing at the
most Southwesterly corner of said Lot 3, Block 1, PLYMOUTH PLAZA 4TH
ADDITION, thence Northwesterly along the right-of-way line of Lancaster Lane,
according to the recorded plat thereof, to the most Westerly corner of said Lot 3,
Block 1, thence Northeasterly along a Northwesterly line of said Lot 3, Block 1,
for a distance of 100.00 feet to the actual point of beginning of the line to be
described; thence Easterly parallel with the South line of said Lot 3, Block 1, to
the Westerly line of said Hennepin County State Aid Highway No. 18, Plat 32 and
there terminating.
Also: All that part of Lot 1, Block 1, PLYMOUTH PLAZA 4TH ADDITION, lying
Westerly of Hennepin County State Aid Highway No. 18, Plat 32.
Also: A 200 foot by 200 foot tract adjacent to the Northwesterly corner of Lot 1,
Block 1, and labeled "EXCEPTION" on the plat of record of PLYMOUTH
PLAZA 4TH ADDITION, being described as follows:
Resolution 2007-033
Page 2
(2006112)
Commencing at the Northeast corner of Lot 1, Block 1, PLYMOUTH PLAZA
ADDITION; thence Easterly along the Southerly line of County Road No. 9, a
distance of 269.01 feet; thence at a right angle South a distance of 7 feet to the
actual point of beginning of the tract of land to be described; thence continuing
South along last described course a distance of 103 feet; thence Southerly along a
tangential curve to the left, with a radius of 834.3 feet, a distance of 97.23 feet,
thence Easterly parallel with the Southerly line of County Road No. 9, a distance
of 194.34 feet, thence at a right angle North a distance of 200 feet to a point 7 feet
South of the Southerly line of County Road No. 9, thence Westerly parallel with
the Southerly line of County Road No. 9, a distance of 200 feet to the actual point
of beginning.
Also: The North 48 feet of Lot 1, Block 5, PLYMOUTH PLAZA 4TH
ADDITION.
Also: The North 55 feet of Lot 1, Block 1, PLYMOUTH PLAZA ADDITION
Also: The North 55 feet of Lots 1, 2 and 3, Block 5, PLYMOUTH PLAZA 2N)
Together with that part of old Hennepin County Road No. 9 in part of Section 13,
Township 118, Range 22, Hennepin County, Minnesota, lying Westerly of the
Northerly extension of the Westerly right-of-way of Lancaster Lane, as platted
PLYMOUTH PLAZA 4TH ADDITION, and lying Easterly and Southerly of the
following described line:
ADDITION.
Beginning at a point on the Northerly line of Lot 4, Block 5, PLYMOUTH
PLAZA 2N) ADDITION, distant 46.35 feet Westerly of the Northeast corner of
said Lot 4, (said Northerly line has assumed bearing of North 88 degrees 26
minutes 06 seconds East): thence North 41 degrees 33 minutes 37 seconds East, a
distance of 58.50 feet more or less, to the South line of Hennepin County State
Aid Highway No. 18, Plat 32; thence Easterly along said Southerly line of C.A. S.
H. No. 18 to its intersection with the Northerly extension of the Westerly right-of-
way of said Lancaster Lane and there terminating.
Together with that part of County Road No. 9 (Rockford Road) lying Easterly of
the Northerly extension of the Westerly right-of-way of Lancaster Lane and
Westerly of the Westerly right-of-way of County State Aid Highway No. 18, all
lying in Section 13, Township 118, Range 22, Hennepin County, Minnesota as
vacated as public roadway.
Together with that part of the North 55 feet of Nathan Lane lying South of the
South right-of-way line of County Road No. 9 in Section 13, Township 118,
Range 22.
Resolution 2007-033
Page 2
(2006112)
Together with that part of Lancaster Lane described as: Beginning at the
intersection of the Easterly right-of-way of Lancaster Lane and the Southerly
right-of-way of County Road No. 9; thence Southerly along the Easterly right-of-
way of Lancaster Lane a distance of 200.23 feet; thence Northwesterly to a point
on the Westerly right-of-way of Lancaster Lane distant 48.00 feet Southerly of the
Southerly right-of-way of County Road No. 9; thence Northerly along Westerly
right-of-way of Lancaster Lane to the Southerly right-of-way of County Road No.
9; thence Easterly to the point of beginning and there terminating; all lying in
Section 13, Township 118, Range 22.
WHEREAS, the Planning Commission has reviewed said request at a duly called Public
Hearing and recommends approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the
request by American Sidewalk Cafe for a conditional use permit to allow a restaurant in
the C-2, (Neighborhood Commercial) Zoning District, subject to the following findings
and conditions:
1. The conditional use permit allows operation of a restaurant facility, in accordance
with the application and plans received by the City on November 27, 2006, except as
may be amended by this resolution.
2. The conditional use permit is approved with the finding that all applicable conditional
use permit standards are met, as follows:
a. the proposed use at this location would comply with the Comprehensive Plan;
b. the proposed use would not be detrimental to, or endanger the public health,
safety, morals, or comfort;
c. the proposed use would not be injurious to the surrounding properties or to the
City as a whole;
d. the proposed use would not impede the orderly development of the district;
e. the site is adequately served by public facilities;
f. the use would comply with the regulations of the C-2 zoning district; and
g. the use would not alter the previously approved site plan and adequate parking
would be available to serve the proposed use.
3. Prior to commencement of the proiect, the applicant shall:
a. Obtain all necessary permits from the State of Minnesota and Hennepin County
for food storage, preparation, and service.
b. Obtain all applicable building permits.
4. The restaurant is approved for a 2,296 square foot lease space.
Resolution 2007-033
Page 2
(2006112)
5. This permit is subject to all applicable codes, regulations and ordinances, and
violation thereof shall be grounds for revocation.
6. All signage shall be in compliance with the sign ordinance.
7. This approval shall expire one year after the date of approval, unless the property
owner or applicant has started the project, or unless the landowner or applicant has
received prior approval from the City to extend the expiration date for up to one
additional year, as regulated under Section 21015.07 of the Zoning Ordinance.
ADOPTED by the City Council on January 23, 2007.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of
Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a
meeting of the Plymouth City Council on January 23, 2007, with the original thereof on
file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk