HomeMy WebLinkAboutCity Council Resolution 2004-036CITY OF PLYMOUTH
RESOLUTION 2004-036
APPROVING A CONDITIONAL USE PERMIT FOR BERTSBEST.COM, FOR
PROPERTY LOCATED AT 800 BERKSHIRE LANE NORTH (2003127)
WHEREAS, Robert Durych representing BertsBest.Com., has requested approval of a
conditional use permit to allow accessory enclosed retail sales events in the I-2 (General
Industrial) zoning district, for property located at 800 Berkshire Lane North; and
WHEREAS; the subject property is legally described as:
That part of Lot 2, Block 1, CARLSON COMPANIES ADDITION, Hennepin County,
Minnesota, according to the recorded play thereof, lying Westerly of Outlot B said
CARLSON COMPANIES ADDITION and which lies Northerly of the following
described line:
Commencing at the Northeast corner of Lot I of said Block 1; thence on an assumed
bearing of South 00 degrees 21 minutes 38 seconds East along the East line of said Lots
and 2 a distance of 1,654.50 feet to the point of beginning; thence South 89 degrees 38
minutes 22 seconds West 675.00 feet to a point on the Westerly line of Outlot B, said
CARLSON COMPANIES ADDITION, said point hereinafter referred to as Point A;
thence continuing South 89 degrees 38 minutes 22 seconds West to the Westerly line of
said Lot 2 and there terminating.
Excepting therefrom that part described as follows:
Beginning at aforementioned Point A; thence South 89 degrees 38 minutes 22 seconds
West 15.00 feet; thence Northeasterly to a point on the Westerly line of said Outlot B;
distant 140.00 feet Northerly from the point of beginning; thence Southerly along said
Westerly line to the point of beginning, and situate in Hennepin County, Minnesota.
; and
Resolution 2004-036
Page 2
(2003127)
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 Robert Durych for a conditional use permit for BertsBest.Com subject to the
following findings and conditions:
I. The conditional use permit allows accessory enclosed retail sales events in the I-2
(General Industrial) zoning district every Friday and one Saturday per month, in
accordance with the application and plans received by the City on November 18,
2003, and additional information received on December 10, 2003 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 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.
Resolution 2004-036
Page 3
(2003127)
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 January 27, 2004.
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 27, 2004, 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