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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: • • 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. • solution 97-540 1103) ge 3 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. to to ty er 0 • Resolution 97-540 (97103) Page 5 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