HomeMy WebLinkAboutCity Council Resolution 2002-313CITY OF PLYMOUTH
RESOLUTION 2002-313
APPROVING SITE PLAN AMENDMENT AND DRIVE AISLE SETBACK VARIANCE
FOR AN EXPANSION TO WILLOW CREEK THEATRE LOCATED AT 9900
SHELARD PARKWAY. (2002064)
WHEREAS, Muller Family Theatres has requested approval of a site plan amendment and drive
aisle setback variance for property legally described as:
Lot 1 Block 1, Willow Grove Office Park Second Addition, and
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 Muller
Family Theatres for a site plan amendment and drive aisle setback variance for the Willow Creek
Theatre located at 9900 Shelard Parkwav, subject to the following conditions:
1. A site plan amendment and drive aisle setback variance are approved to alloy construction of
a 15,354 square foot addition to the Willow Creek Theatre located at 9900 Shelard Parkway
Theatre, to expand the existing eight screen theater to twelve screens with stadium seating,
accordance with the plans received by the City on May 16, 2002 and revised plans submitted
on June 7, 2002 except as amended by this resolution.
2. A variance is approved to alloy a drive aisle setback of 5 feet on the north side and 4 feet on
the east side of the proposed addition, where 10 feet is the minimum setback specified by the
Zoning Ordinance, based on the fmding that:
Resolution 2002-313
File No. 20020064
Page 2
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 proposed location of the
addition is the only suitable location on the site. Requiring the applicant to meet the
10—foot drive aisle setback from the building would result in either 1) reducing the width
of the two wav drive aisle, which is also a fire lane, or 2) re -design of the site in order to
meet the drive aisle setback requirements.
b) The circumstance upon which the petition for the variance is requested is unique to the
parcel. Due to the existing layout of the site and the unique parcel shape, there are no
other locations for the addition.
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 necessary to allow
construction of the addition without reducing the usability of the drive aisle and fire lane.
The addition meets all other setbacks.
d) The circumstances surrounding the variance request Nvere not self-created, but rather Nvere
an existing condition from when the property Nvas constructed, prior to the current
owners.
e) The proposed improvements would not be detrimental to the public welfare or injurious to
other land in the neighborhood. The proposed setback would still provide some separation
between the building and the drive aisle. Reducing the setback would make little
difference to the appearance of the property.
f) The proposed improvements would not impair an adequate supple of light and air to
adjacent property, endanger public safety, increase congestion of the public streets,
increase the 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. Prior to issuance of a grading permit, the applicant shall provide a financial guarantee and Site
Improvement Performance Agreement for all site improvements.
24-4. Standard Conditions:
-- - - Formatted: Bullets and Numbering
a. Compliance Nvith the City Engineer's Memorandum.
f-. Comphance Nvith the Ordinance regarding the location of fire hydrants, post indicator-- - - iFormatted: Bullets and Numbering
valve, fire department connection, fire lanes, and fire lane signage.
g-.c.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 Cite Policy.
fid. This approval shall expire one year after the date of approval, unless the property owner
or applicant has substantially started construction of the project, or unless the landowner
or applicant has received prior approval from the City to extend the expiration date for up
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File No. 20020064
Page 3
to one additional year, as regulated under Sections 21030.06 and 21045.09 of the Zoning
Ordinance.
ADOPTED by the Citv Council on Ju1v 9 2002
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 Citv Council on Jule 9, 2002 with the original thereof on file in my office, and the same
is a correct transcription thereof.
WITNESS my hand officially as such Citv Clerk and the Corporate seal of the City this
day of
Citv Clerk