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HomeMy WebLinkAboutCity Council Resolution 2002-400CITY OF PLYMOUTH RESOLUTION 2002-400 APPROVING SITE PLAN AND VARIANCES FOR CONSTRUCTION OF WALSER COLLISION TO BE LOCATED AT 5575 HIGHWAY 169 (2002052) WHEREAS, Phillips Architects has requested approval of a site plan and variances for construction of Walser Collision to be located at 5575 Highway 169, for property legally described as: Parcel 1: The East 100 feet of the South 220.77 feet of Outlot I), Bass Lake Plaza, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Parcel 2: Outlot E, Bass Lake Plaza, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Parcel 3: That part of the Northeast Quarter of the Southeast Quarter, Section 1, Township 118, Range 22, described as commencing at Northeast corner of the Southeast Quarter of said Section L thence South along the East line of said Southeast Quarter a distance of 1230.5 feet: thence West, at right angles to said East line, 175 feet to the actual point of beginning; thence continuing West along the last described line 240 feet: thence South at a right angle 60 feet: thence East at a right angle 240 feet: thence North at a right angle 60 feet to the actual point of beginning, according to the Government Survey thereof. Except that part which hes Easterly of a line drawn parallel with and distant 30.0 feet Westerly from the following described line: Commencing at the Southeast corner of Section 1, Township 118, Range 22; thence North along the East line of the Southeast Quarter of said Section a distance of 587.91 feet: thence 90 degrees to the left a distance of 152.0 feet: thence deflect 90 degrees to the right a distance of 100 feet to the actual point of beginning of the line to be described: thence deflect to the left along a tangential curve having a radius 5729.58 feet and a delta angle of 2 degrees, 12 minutes, forty nine seconds, for a distance of 221.36 feet: thence Resolution 2002-400 File No. 2002052 Page 2 Northerly along the tangent of said curve for a distance of 484.78 feet: thence deflect to the left along a tangential curve having a radius of 95493 feet and a delta angle of 15 degrees 00 minutes for a distance of 250.0 feet and there terminating. Subject to a limitation to the right of access from part of the above described premises to the County State Aid Highway No. 18, as acquired by the County in deed Doc. No. 1024813, files of Registrar of Titles. Parcel 4: That part of the East 1/2 of the Southeast 1/4 of Section 1, Township 118 North, Range 22 West of the Fifth Principal Meridian, Hennepin County, Minnesota, described as follows: Beginning at a point on the East line of said Section 1, 1290.5 feet South of the East 1/4 corner thereof: thence at right angles West 415 feet: thence at right angles South 90 feet: thence at right angles East 415 feet to the point on the East line of said Section 1, 1380.5 feet South from the Northeast corner of the Southeast 1/4 of said Section: thence North to the point of beginning, together with the rights of access to the frontage road reserved in Document No. 3883633 and Document No. 3883634: except that part acquired by the County of Hennepin by Deed Document No. 3206352 and by Deed Document No. 3206355. Also except that part acquired by the County of Hennepin together with the right of access to County State Aid highway No. 18 by Deed Document No. 3883634. Gap parcel description: The East 100 feet of Outlot I), Bass Lake Plaza, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County, 1ving north of the north line of the South 220.77 feet of said Outlot D. 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 Phillips Architects for a site plan and variances for construction of Walser Collision to be located at 5575 Highway 169, subject to the following conditions: 1. A site plan and variances are approved to allow construction of Walser Collision to be located at 5575 Highway 169, in accordance with the plans received by the City on April 25, 2002 and revisions submitted on July 12, 2002 and July 24, 2002, except as amended by this resolution. 2. Approval of the site plan is contingent upon approval for the wetland exemption. 3. Variances are approved to allow a setback of 10 feet from the proposed parking to the side and rear lot lines, where 20 feet is required and a 25 -foot parking setback to the front lot line, where 50 feet is required, based on the finding that: Resolution 2002-400 File No. 2002052 Page 3 (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 parcel shape is unique due to the irregular shape of the two existing lots, which was created prior to the current owner. Both lots are narrow and the lot to the south has a shallow depth which reduces the usability of the property. Requiring the applicant to meet the setbacks would limit the use of the site. (b) The conditions for the variance are unique as the property would be a redevelopment project Typically, redevelopment of existing sites requires variances to allow construction of a new property. In addition, the applicant is consolidating two smaller properties, one of which is a 100 -foot wide land locked parcel which would not be useful other than for parking and in combination with the adjacent parcel. (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 redevelopment of the site. The proposed building meets all other setbacks. (d) The circumstances surrounding the variance request were not self-created, but rather were an existing condition from when the property was platted, 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 parking and lot line. As this is a redevelopment lot, allowing the proposed variation would allow improvement 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. The redevelopment of this lot would improve the appearance of the property. (g) The requested variance is the minimum action required to eliminate the hardship 4. A fire lane variance for the north side of building is hereby approved, subject to the following: The entire building shall be protected by a Cite approved NFPA 13 automatic fire sprinkler system. Approved Fire Department standpipes shall be located in approved locations in the building. Resolution 2002-400 File No. 2002052 Page 4 A minimum 4 foot Nvide paved access Nvallc shall be provided along the entire north side of the building to exterior access doors on the north side of the building. Fire hvdrants shall be located in approved locations on the site with an approved looped water main system on the site. Fire flow calculations shall be submitted and approved by the Fire Inspector. 5. Prior to issuance of a grading permit, the applicant shall provide a financial guarantee and Site Improvement Performance Agreement for all site improvements. 6. No building permits shall be issued until the lot consolidation is recorded Nvith Hennepin Countv. 7. Prior to issuance of building permits, the applicant shall revise the landscaping plan to meet the requirements of Section 21130.03 of the Zoning Ordinance. The applicant shall add 6 trees on site to meet the requirements of the Ordinance. The additional trees shall be planted along the east property line to provide screening, as space allows with the existing trees. 8. Signage for this development shall comply Nvith the sign ordinance. 2-f-.-9. Standard Conditions: t- - -j Formatted: Bullets and Numbering a. Compliance Nvith the City Engineer's Memorandum. flb. Comphance Nvith the Ordinance regarding the location of fire hydrants, post indicator,- - - Formatted: Bullets and Numbering valve, fire department connection, fire lanes, and fire lane signage. 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. d. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. e. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. fif This approval shall expire one year after the date of approval, unless the property owner,- - - Formatted: Bullets and Numbering 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 August 27, 2002. Resolution 2002-400 File No. 2002052 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 I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on August 27, 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