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HomeMy WebLinkAboutCity Council Resolution 2005-382CITY OF PLYMOUTH RESOLUTION 2005-382 APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND INTERIM USE PERMIT FOR CARL SON'S PIANO WORLD FOR PROPERTY LOCATED AT 13810- 24TH AVENUE NORTH (2005101) WHEREAS, Carlson's Piano World, has requested approval of a conditional use permit amendment to increase their accessory enclosed retail area to 25 percent of the building and an interim use permit to allow reduced parking for property located at 13810-24t1' Avenue North; and WHEREAS; the subject property is legally described as follows: That part of Lot 1, Block 1, Minneapolis Industrial Park 2"a Addition, according to the recorded plat thereof, lying Westerly of the Southerly extension of the Westerly line of Registered Land Survey No. 1133, Files of the Registrar of Titles, County of Hennepin, except the East 60.00 feet thereof, together with that part of vacated Berkshire Lane formerly known as Peripheral Road which lies North of the North right-of-way line of 24"' Avenue North, situated in Hennepin County, Minnesota. 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 Carlson's Piano World for a conditional use permit amendment and interim use permit, subject to the following findings and conditions: 1. The conditional use permit amendment allows 25 percent of the gross floor area of the building to be used as accessory enclosed retail area for piano sales and an interim use permit to allow reduced parking, in accordance with the application and plan received by the City on August 5, 2005, except as may be amended by this resolution. Resolution 2005-382 Page 2 (2005101) 2. The conditional use permit amendment 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 I-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. No outdoor storage or sales related to the retail area is permitted with the conditional use permit. 4. The interim use permit for reduced parking allows 35 parking spaces where the Ordinance would require 39 spaces, based on the finding that the applicable interim use standards have been met. 5. The interim use permit for reduced parking shall terminate if staff documents a parking problem associated with inadequate parking. 6. Separate building permits are required for any interior building modifications. 7. Prior to commencement of the project, the tenant space shall meet all fire code regulations and be subject to a fire code inspection. 8. All waste and waste containers shall be stored within approved designated areas. 9. All parking shall be off-street in designated areas that comply with the Zoning Ordinance. 10. All signage shall be in compliance with the sign ordinance. 11. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 12. This permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. Resolution 2005-382 Page 2 (2005101) 13. 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 October 11, 2005. 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 11, 2005, 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