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HomeMy WebLinkAboutCity Council Resolution 1996-0139 CITY OF PLYMOUTH RESOLUTION % - 13 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR DAVANNI'S, INC., FOR PROPERTY LOCATED NORTH OF HIGHWAY 55 AND SOUTH OF HARBOR LANE, ABOUT 700 FEET WEST OF FERNBROOK LANE (95119) WHEREAS, Davanni's, Inc. has requested Site Plan approval and a Conditional Use Permit to allow construction and operation of a 4,650 square foot. Davanni'.. Pizza Restaurant on property legally described on the attached Exhibit " A',: and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY "AME CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Davannis', Inc. for Site Plan approval and a Conditional Use Permit, subject to the following conditions: 1. The Site Plan approval and Conditional Use Permit is for a 4,650 square foot restaurant, according to the plans received by the City on November 17, 1995 and December 4, 1995, except as amended by this resolution. 2. The permit approves 150 seats for indoor dining, and 25 seats for outdoor (seasonal) dining. 3. Take-out and delivery sales shall not exceed 40 percent of the total food sales. 4. This resolution approves a Variance to the Fire Code requirement for a fire lane within 50 feet of all sides of the building. �. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. 6. Approval by Bassett Creek Watershed District required prior to issuanca of building permits. 7. Standard Conditions: A. Compliance with the City Engineer': Memorandum. B. C.nnpliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. • Resolution 96-13 , Page 2 of 3 C. Submission of required Financial Guarantee and Site Performance Agreement for completion of site improvements within twelve months of the date of this resolution. D. Any signage shall be in compliance with the Ordinance. E. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. F. Compliance with all Fire Codes and policies, including those regarding the location of fire hydrants, Aire lanes, and fire lane signage. G. An 8 1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. H. Submission and approval of fire flow calculations prior to the issuance of building permits. Adopted by the City Council on January 9, 1996. 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 9, 1996, 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 J Resolution 96-13 , Page 3 of 3 EXMrf A That part of the following described tract, That part of Lots 4 and 5, Block 1, Fox Meadows First Addition, according to the recorded plat thereof, Hennepin County, Minnesota, except that part of said Lot 4 lying southeasterly of a line 104.65 feet northwesterly of, measured at a right angle to and parallel with the southeasterly lien of said Lot 4 and its extensions. And except that part of said Lot 5 lying northerly and northwesterly of the following described line: Commencing at the northwest corner of Lot 6, Block 1, Fox Meadows First Addition; thence on an assumed bearing of South 00 degrees 44 minutes 45 seconds West along the west line of Lots 5 and 6 a distance of 355.00 feet to the actual point of beginning; thence South 89 degrees 15 minutes 15 seconds East a distance of 444.00 feet; thence North 00 degrees 44 minutes 45 seconds East a distance of 21.00 feet; thence North 45 degrees 44 minutes 45 seconds East a distance o: 157.50 feet to the southwesterly line of said Harbor Lane as platted in said Fox Meadows First Addition and said line there terminating. lying easterly and southeasterly of the following described line and its northerly extension: Commencing at the northwest corner of Lot 6, Block 1, Fox Meadows First Addition; thence on an assumed bearing of South 00 degrees 44 minutes 45 seconds West along the west line of Lots 5 and 6 a distance of 355.00 feet; thence South 89 degrees 15 minutes 15 seconds East a distance of 444.00 feet; thence North 00 degrees 44 minutes 45 seconds East a &-tune of 21.00 feet to the point of beginning of said line; thence South 00 d:grees 44 minutes 45 seconds East 105.67 feet; thence South 24 degrees 41 minutes (16 seconds West 233.24 feet to the intersection with the south litre of said Lot 4 and said line there terminating.