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HomeMy WebLinkAboutCity Council Resolution 2007-417CITY OF PLYMOUTH RESOLUTION 2007-417 APPROVING A CONDITIONAL USE PERMIT FOR KB & FS ENTERPRISES, INC. FOR LIQUOR ON -SALE ACCESSORY TO THE PLANNED BROADWAY BAR & PIZZA RESTAURANT TO BE LOCATED AT 13705 27TH AVENUE NORTH (2007085) WHEREAS, KB & J's Enterprises, Inc. has requested a conditional use permit to allow liquor on -sale when accessory to a restaurant on property legally described as: That part of Tract A, Registered Land Survey No. 1133, Files of Registrar of Titles, County of Hennepin, lying West of a line parallel with and 217.21 feet East of the West line of said Tract A, and Southerly of a line described as follows: Beginning at a point on the West line of said Tract A, distant 66.21 feet South from the Northwest corner of said Tract A; thence East at a right angle to said West line, a distance of 51.84 feet; thence Southeasterly a distance of 81.51 feet, along a tangential curve concave to the Southwest having a radius of 151.94 feet and a central angle of 30 degrees 44 minutes 15 seconds; thence Southeasterly, not tangent to said curve, parallel with the Northeasterly line of said Tract A, to the most Easterly line of said Tract A and said line there terminating. Together with a perpetual non-exclusive easement over Tract C, Registered Land Survey No. 1133, for ingress to and egress from said Tract A, Gulf Oil Corporation is hereby granted access to and from any street or alley hereafter dedicated as a public thoroughfare which abuts said Tract A, as shown in deed Document No. 899413 Files of Registrar of Titles. Together with the appurtenant easement contained in Document No. 2122941; and Resolution 2007-417 (2007085) Page 2 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 KB & J's Enterprises, Inc. for a conditional use permit, subject to the following conditions: 1. This conditional use permit approves liquor on -sale accessory to the planned Broadway Bar & Pizza located at 13705 27"' Avenue North, pursuant to the application and plans received by the City on August 30, 2007, except as amended by this resolution. 2. Approval of this conditional use permit does not abrogate the need to obtain a liquor license, nor shall the approval of this conditional use permit limit the City's discretion in approving or denying a liquor license. 3. Standard Conditions: a. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. b. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. c. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially commenced 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 October 9, 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 October 9, 2007 with the original thereof on file in my office, and the same is a correct transcription thereof. Resolution 2007-417 (2007085) Page 3 WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk