HomeMy WebLinkAboutCity Council Resolution 1997-540•
CITY OF PLYMOUTH
RESOLUTION 97 - 540
APPROVING A SITE PLAN, TWO CONDITIONAL USE PERMITS AND TWO SIDE
YARD SETBACK VARIANCES FOR LANDFORM ENGINEERING COMPANY
FOR FAMOUS DAVE'S BBQ SHACK AT 11308 HIGHWAY 55 (97103)
WHEREAS, Landform Engineering Company has requested approval of a Site Plan, a
Conditional Use Permit to allow a convenience food establishment in the C-3 (Highway
Commercial) Zoning District, a Conditional Use Permit to expand a non -conforming
building and two side yard setback Variances on property legally described as follows:
That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 118,
Range 22, Hennepin County, Minnesota, according to the Government Survey thereof,
lying northeasterly of the northeasterly right-of-way line of State Trunk Highway No. 55,
described as follows: Commencing at the northeast comer of said Southeast Quarter of
the Northeast Quarter; thence on an assumed bearing of West along the north line of said
Southeast Quarter of the Northeast Quarter, a distance of 146.31 feet to the point of
beginning of the land to bo described; thence continuing West along said north line a
distance of 207.68 feet; thence South 15 degrees 35 minutes 00 seconds West to the
northeasterly right-of-way of said State Trunk Highway No. 55; thence Southeasterly
along said right-of-way line to a line which bears South 15 degrees 35 minutes 00
seconds West form the point of beginning; thence Northeasterly along the last described
line to the point of beginning.
WHEREAS, the Planning Commission has reviewed said request at a duly called Public
Hearing and recommends approval of the Site Plan, Conditional Use Permits and
Variances for Landform Engineering Company,
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 Landform Engineering Company for a Site Plan, Conditional Use Permits and
Variances for Famous Dave's BBQ Shack at 11308 Highway 55, subject to the following
findings and conditions:
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Resolution 97-540
(97103)
Page 2
1. The Site Plan allows construction of a 750 square foot addition to the existing
building, in accordance with the plans received by the City on July 11, 1997 and
August 200 1997 except as amended by this resolution.
shment at
2. The Conditional Use permit ial1 Conditional Use Permit standards allow a convenience food rwould be met.
location with the finding that
Specifically:
a. The proposed use at this location would comply with the Comprehensive Plan;
b. The proposed use would promote the general welfare and 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, nor would it substantially diminish property values in the area;
d. The proposed use would not impede the orderly development of the district;
e. The site plan design would not cause traffic congestion in the public streets;
E The proposal would meet all the standards for development in the C-3 Zoning
District; and ed in the
g. The Conditional Use complies with the performance standards specified
Ordinance.
3. The Conditional Use Permit is to allow an expansion of a legal non -conforming
building at this location with the finding that all Conditional Use Permit standards
and the general standards for expansion of a legal non -conforming building would be
met. Approval of this Conditional Use Permit is contingent upon approval of both
side yard Variances.
4. A Variance for a six-inch side yard setback for the building addition on the rear of the
existing building where Is feet is required, and a Variance for a six-inch side yard
setback where 15 feet is required for a porch on the front of the building, based on the
following findings:
a. The hardship is caused by the existing conditions of the building.
b. The Variances are required due to the location of existing building which is 0.77
feet over the western lot line and are not applicable to other property in this
zoning district.
c. The Variances are not based exclusively upon a desire to increase the value of
the property.
d. The hardship related to the existing conditions of this property.
e. Granting the Variance will not be det6mental to the public welfare or injurious
to other land or improvements in the neighborhood because the additions would
be a continuation of existing conditions.
f. The Variances will not substantially increase the danger of fire, or endanger the
public safety, or substantially diminish or impair property values within the
neighborhood.
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solution 97-540
1103)
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g. 'Ilse Variances are the minimum necessary in order to construct a small addition
to the rear of the building and a porch on the frcnt.
Prior to issuance of building permits, the Lighting Plan must be mA ised to comply
with the Zoning Ordinance.
Prior to issuance of building permits, allowable area calculation must be provided to '
the Building Department.
The west wall of the walk-in freezer shall be finished with cedar siding to .natch the
rest of the addition.
Prior to issuance of building permits, trash enclosure details in conformance with
Section 21120.07 of the Zoning Ordinance shell be Provided.
All rooftop and ground mounted mechanical equipment shall be designed (including
exterior color) and located so to be aesthetically harmonious and compatible with the
building. Rooftop equipment over three (3) feet in height shall be screened with
durable materials that are aesthetically compatible with the structure. The chain link
fencing around the transformer shall be replaced with a screening material that
complies with Section 21130.05 of the Zoning Ordinance.
The site plan must be revised to comply with the required 10-fuot perking to structure
setback on the east side of the building.
0. Outside storage of vehicles over 12.000 pounds gross vehicle weight rating, trailers,
equipment and the like am prohibited. All such equipment shall be stored in the
accessory building.
1. All signage shall be in compliance with the Sign Ordinance in effect at the time of
sign permit application.
2. Standard Conditions:
a. Compliance with the City Engineer's Memorandum
tions
b. Compliance with Policy Resolution 79-80 regarding minimaopenfflostorn awater
for new structures on sites adjacent to, or containing y
drainage facility.
c. Submission of the required Financial Guarantee and Site Performance
Agreement for completion of site improvements within twelve months of the
date of this Resolution.
d. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
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Resolution 97-540
(97103)
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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 1 compared the foregoing resolution adopted at a
meeting of the Plymouth City Council on September 17, 1997, with the original the►eof
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