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HomeMy WebLinkAboutCity Council Resolution 2002-314CITY OF PLYMOUTH RESOLUTION 2002-314 APPROVING SITE PLAN AMENDMENT AND DRIVE AISLE SETBACK VARIANCE TO ALLOW ENCLOSURE OF A PATIO AT THE GREEN MILL LOCATED AT 2705 ANNAPOLIS. (2002068) WHEREAS, Blue Wave Ventures has requested approval of a site plan amendment and drive aisle setback variance for property legally described as: Parcel 1 Tract A, Registered Land Survey No. 1102, Files of the Registrar of Titles, County of Hennepin. Parcel 2 That part of the Southwest Quarter of Section 22, Township 118, Range 22, described as follows: Commencing at a point in the North line of the South Half of the Northwest Quarter of said Section 22, which point is 268.62 feet west of the northeast comer of said South Half of the Northwest Quarter: thence west along said North line of said South Half, 805.86 feet: thence south to the south line of said Section 22 to a point in said south line which point is 1079.76 feet west of the southeast comer of said Southwest Quarter of Section 22; thence East along said south line of Southwest Quarter 809.82 feet: thence North to beginning. Except that part of the Southwest Quarter of Section 22, Township 118, Range 22, lving north of the south line of State Highway No. 55; and except that part of the above described land embraced within Registered Land Sury ev No, 1102: and except that part of the above described land embraced within Registered Land Survey No, 1133. Together with the appurtenant easement(s) contained in Document No. 4422248 (Abstract Propertv) Parcel 3 That part of the Southeast Quarter of the Southwest Quarter of Section 22, Township 118, Range 22, described as follows: Beginning at o point on the south line of said Section 22, 1079.76 feet west of the southeast corner of the Southwest Quarter of said Section 22; thence North 3940.20 Resolution 2002-314 File No. 20020068 Page 2 feet to the point in the North line of the South Half of the Northwest Quarter of said Section 22, 1074.48 feet West of the northeast corner of said South Half of the Northwest Quarter: thence West along said line to a point therein distant 1209.78 feet East of the northwest corner of said South Half of the Northwest Quarter: thence Southerly to a point on the South line of the North Half of the Southwest Quarter of said Section 1213.74 feet East of the West line of said Section 22; thence East along the South line of the said North Half of the Southwest Quarter to the northwest corner of the Southeast Quarter of the Southwest Quarter of said Section: thence South along the West line of said Southeast Quarter of the Southwest Quarter to the South line thereof: thence East along said South line to the point of beginning, except that part thereof lving Northerly of the Southerly line of the right-of-way of State Highway No. >j as determined by Final Certificate Doc. No. 422578, Files of the Registrar of Titles, Hennepin County and except that part of the above described land embraced within Registered Land Survey No. 1102 and except that part thereof hying northwesterly of the southeasterly right-of-way line of Interstate Highway No. 494 as described in Final Certificate Document No, 918831, files of the Registrar of Titles. All situate in Hennepin County, Minnesota. Together with the appurtenant easement(s) contained in Document No. 4422248 (Abstract Propertv). (Said Parcels 1, 2, and 3 being registered land as is evidenced by Certificate of Title No. 761732.) Parcel 4 That part of the Southwest Quarter of the Southwest Quarter of Section 22, Township 118, Range 22, hying East and Southeast of the East and Southeasterly lines of Interstate Highway No. 494, according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota: 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 Blue Wave Ventures for a site plan amendment and drive aisle setback variance for the Green Mill located at 2705 Annapolis, subject to the following conditions: 1. A site plan amendment and drive aisle setback variance are approved to allow enclosure of a patio at the Green Mill located at 2705 Annapolis, in accordance with the plans received by the City on May 23, 2002, except as amended by this resolution. 2. A variance is approved to allow a drive aisle setback as shown on the plans dated May 23, 2002, where 10 feet is the minimum setback specified by the Zoning Ordinance, 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 Nvere to be carried out. Moving the existing curb and gutter to meet the 10 -foot drive setback would disrupt the existing drive aisle, fire lane, and hotel Resolution 2002-314 File No. 20020068 Page 3 drop off area. Enlarging the paved area to allow a 10 -foot drive aisle setback would also narrow the fire lane to less than the required 20 -foot Nvidth. b) The circumstance upon which the petition for the variance is requested is unique to the parcel. Requiring the drive aisle setback would result in reducing the Nvidth of the existing drive aisle setback and fire lane and would reduce the usability of the site. 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. d) The circumstances surrounding the variance request Nvere not self-created, but rather Nvere an existing condition from when the hotel Nvas constructed. e) The proposed improvements would not be detrimental to the public welfare or injurious to other land in the neighborhood. 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 24-3. Standard Conditions: -- - - Formatted: Bullets and Numbering fta_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-.b.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. fic_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 to one additional year, as regulated under Sections 21030.06 and 21045.09 of the Zoning Ordinance. ADOPTED by the City Council on July 9, 2002. Resolution 2002-314 File No. 20020068 Page 4 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 Juhv 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 City Clerk and the Corporate seal of the City this day of City Clerk