HomeMy WebLinkAboutCity Council Resolution 2005-429CITY OF PLYMOUTH
RESOLUTION 2005-429
APPROVING A CONDITIONAL USE PERMIT FOR KATE -LO TILE AND STONE,
INC. FOR PROPERTY LOCATED AT 701 BERKSHIRE LANE NORTH (2005129)
WHEREAS, Kate -Lo Tile and Stone, Inc., has requested approval of a conditional use
permit to allow an accessory enclosed retail area in the I-1 (Light Industrial) zoning
district for retail sales for property located at 701 Berkshire Lane North; and
WHEREAS; the subject property is legally described as follows:
That part of Lot 1, Block 1, Carlson Center Second Addition, Hennepin County,
Minnesota, which lies easterly of the following described line and its extension:
Commencing at the northeast corner of said lot; thence south 89° 34' 25" west,
assumed bearing, a distance of 420.51 feet along the northerly line of said lot to
the point of beginning of the line to be described; thence south 0° 26' 07" east a
distance of 546.68 feet to the southeasterly line of said lot and there terminating.
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 Kate -Lo Tile and Stone, Inc. for a conditional use permit, subject to the
following findings and conditions:
1. The conditional use permit allows 3 percent of the gross floor area of the building to
be used for retail sales, in accordance with the application and plan received by the
City on October 13, 2005, 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:
Resolution 2005-429
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(2005129)
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. Prior to commencement of the project, the applicant shall obtain all applicable
building permits.
5. Prior to commencement of the project, the tenant space shall meet all fire code
regulations and be subject to a fire code inspection.
6. All waste and waste containers shall be stored within approved designated areas.
7. All parking shall be off-street in designated areas that comply with the Zoning
Ordinance.
8. This permit is subject to all applicable codes, regulations and ordinances, and
violation thereof shall be grounds for revocation.
9. All signage shall be in compliance with the sign ordinance.
10. 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 November 29, 2005.
Resolution 2005-429
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(2005129)
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 November 29, 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