HomeMy WebLinkAboutCity Council Resolution 2004-462CITY OF PLYMOUTH
RESOLUTION 2004-462
APPROVING A SITE PLAN AMENDMENT AND VARIANCE FOR BONESTROO
ROSENE ANDERLIK FOR THE SILVER KING REFRIDGERATION PROPERTY
LOCATED AT 1600 XENIUM LANE NORTH (2004119)
WHEREAS, Bonestroo Rosene Anderlik is requesting approval of a site plan amendment and
variance to allow the constriction of a parking lot and rain garden on property legally described
as:
TRACT A
That part of Lot 4 lying South of the North 308.72 feet thereof, except that part thereof which
lies Southwesterly of a line drawn from a point on the West line of said Lot, distant 10 feet North
of the Southwest corner thereof, to a point on the South line of said Lot distant 10 feet East of
said Southwest corner, and that part of Lot 3, lying North of a line described as follows:
Commencing at a point on the Northeast line of said Lot 3, distant 75 feet Southeasterly
measured along said Northeast line from the Northeast corner of Lot 3, thence Southwesterly
along a course perpendicular to said Northeast line of said Lot 3 to the West line of said Lot 3
and there terminating, all in Block 4, Minneapolis Industrial Park, according to the recorded plat
thereof, Hennepin County, Minnesota.
TRACT B
That part of Lot 3, Block 4, Minneapolis Industrial Park, according to the recorded plat thereof,
Hennepin County, Minnesota, lying South of a line described as follows: Commencing at a point
on the Northeast line of said Lot 3, distant 75 feet Southeasterly as measured along said
Northeast line from the Northeast corner of Lot 3; thence Southwesterly along a course
perpendicular to said Northeast line of said Lot 3 to the West line of said Lot 3 and there
terminating, EXCEPT that part of said Lot 3, lying Southerly of a line described as follows:
Commencing at the Southwest corner of said Lot 3; thence North 6 degrees 41 minutes 32
Resolution 2004-462
File No. 2004119
Page 2
seconds West, along the West line of said Lot 3 a distance of 96.11 feet to the point of beginning
of the line to be described; thence North 61 degrees 20 minutes 05 seconds East a distance of
156.41 feet to a point on a 55.00 foot radius curve, the center of said curve bears South 56
degrees 49 minutes 21 seconds East from said point; thence Easterly along said curve, central
angle 82 degrees 09 minutes 40 seconds, 79.85 feet to the Easterly line of said Lot 3, and said line
there terminating.
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting
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
Bonestroo Rosene Anderlik for a site plan amendment and variance to allow the constriction of a
parking lot and rain garden located at 1600 Xenium Lane North, subject to the following
conditions:
1. A site plan amendment is approved to allow constriction of a parking lot and rain garden, in
accordance with the plans received by the City on September 2, 2004 and additional
information on September 23, 2003 except as amended by this resolution.
2. A variance is approved to allow a 22 -foot drive aisle width where 24 feet is required, a 3 -foot
setback from the principle building where 10 feet is required and a 1 -foot setback from the
side lot line where 15 feet is required, based on the finding that:
a) The existing conditions of the property result in a particular hardship to the owner, if the
strict letter of the regulations were to be carried out. The abnormal shape of the property
creates a pinch -point where the principle stricture encroaches on the east side lot line in the
only feasible location on the property to gain access to the proposed parking lot. The
amount of topography in that location also creates the need for a retaining wall, and the
narrower drive aisle width would lessen the encroachment on the adjacent property.
b) The circumstance upon which the petition for the variance is requested is unique to the
parcel. Due to the existing layout of the building on the site, there are no other locations to
gain access to the proposed parking area.
c) The purpose of the variance is not based exclusively upon a desire to increase the value or
income potential of the parcel of land. The variance request is based on the need to
increase the fiinctionality of parking on the site to a location that was specifically acquired
for fiiture increased parking and to allow the current employees places to park without
having to double park.
d) The circumstances surrounding the variance request were not created by the current owner,
but rather were an existing condition from when the building was constricted.
Resolution 2004-462
File No. 2004119
Page 3
e) The proposed improvements would not be detrimental to the public welfare or injurious to
other land in the neighborhood. The proposed drive aisle would abut the City of Plymouth
watertower site and any portion of retaining wall that would encroach onto the City -owned
property would require an encroachment agreement.
f) The proposed improvements would not impair an adequate supply of light and air to
adjacent property, endanger public safety, increase congestion of the public streets, increase
danger of fire or substantially diminish property values in the neighborhood.
g) The requested variance is the minimum action required to eliminate the hardship.
3. A separate grading permit is required prior to the commencement of the project.
4. Prior to the issuance of a grading permit, identify an accessible route from the handicapped
parking to the building.
5. Prior to the issuance of a grading permit, identify on the plans the dimensions required to
comply with the Minnesota State Building Code.
6. Prior to the issuance of a grading permit, an engineered design must be approved with a
separate building permit for the retaining wall.
7. Prior to issuance of a building permit, the applicant shall submit a lighting plan to include
photometry and fixture details demonstrating the new parking areas are in compliance with
Zoning Ordinance requirements.
8. Prior to issuance of a building permit, the applicant shall provide a financial guarantee and Site
Improvement Performance Agreement for all site improvements.
9. Engineering Conditions:
a. Prior to the issuance of a grading permit, the applicant shall provide a drainage and utility
easement for the rain garden.
b. Prior to the issuance of a grading permit, the applicant shall provide a maintenance
agreement for the rain garden.
c. Prior to the issuance of a grading permit, the applicant shall obtain the necessary permits
from Bassett Creek watershed and NPDES.
d. Curb and gutter shall be placed around the entire parking lot. However, curb openings are
allowed to direct storm water runoff into the rain garden.
e. The plans shall be revised to show both the parking lot and fire lane standards non -
wearing course being 2 inches, not 1.5 inches as shown on Sheet C801 for the parking
lot.
Resolution 2004-462
File No. 2004119
Page 4
f. Special Conditions:
i. Have the plans signed by a Professional Engineer.
ii. Add perimeter silt fence (Detail DWG -5) around the site. Include the detail on the
grading plan.
iii. All slopes 3:1 or greater require an erosion control blanket. Show on the grading
plan.
iv. Street sweeping along Co. Rd. 6 is required at a minimum once per week.
V. Swale slopes must be 13/4% or steeper.
vi. Provide the flow path downstream from the rain garden. Either show that the flow
path is on the applicant's property or secure rights from the adjacent property
owners for the increased discharge rates.
vii. Provide the square footage of the rain garden.
viii. Install drain tile in the rain garden as shown on City of Plymouth standard detail
ST -18.
ix. Show the top and bottom elevations of the retaining walls.
X. A building permit is required for the retaining wall.
xi. A fence is required on top of the retaining wall.
xii. Provide a plant list with abbreviations on sheet L 101.
xiii. Use engineering scale for all plans.
xiv. The drive aisle is on City property. Reduce the width of the driveway from 24 feet
to 22 feet to avoid encroaching onto City property.
xv. An encroachment agreement from the property owner is required for any portion
of the retaining wall on City property, including tiebacks, geogrid or drainage
facilities.
xvi. Either revise the driveway entrance to intersect County Road 6 at a 90 -degree
angle or sign it One Way inbound.
xvii. Use City Detail ST -18 for the rain garden.
10. Fire Conditions:
a. Prior to the issuance of a grading permit, the applicant shall revise the plans to show all
fire apparatus access road signage (fire lane signage) and locations identified on the site
plan.
b. Prior to the issuance of a grading permit, the applicant shall revise the plans to show all
fire lane constriction details.
11. Approval shall expire one year after the date of approval, unless the property owner or
applicant has substantially started constriction of the project. The landowner or applicant
may apply for approval of an extension by the City, as regulated under Sections 21030.06
21045.09 of the Zoning Ordinance.
Resolution 2004-462
File No. 2004119
Page 5
ADOPTED by the City Council on November 9, 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 November 9, 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