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HomeMy WebLinkAboutCity Council Resolution 1998-488CITY OF PLYMOUTH RESOLUTION 98-488 APPROVING A SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCES FOR CHESAPEAKE COMPANIES FOR A RETAIL BUILDING (VIDEO UPDATE) ON PROPERTY LOCATED NORTH OF HIGHWAY 55, SOUTHWEST OF 34TH AVENUE, AND EAST OF VICKSBURG LANE (98069) WHEREAS, Cheasapeake Companies has requested approval of a site plan, conditional use permit and variances for Video Update on property legally described as follows: That part of Lot 2, Block 5, PLYMOUTH HILLS, according to the recorded plat thereof, Hennepin County, Minnesota, lying southerly and easterly of the following described line; Commencing at the northeast corner of said Lot 2; thence on an assumed bearing of South 01 degrees 30 minutes 00 seconds East, along the easterly line of said Lot 2, a distance of 69.03 feet; thence continuing southeasterly 59.69 feet along said easterly line of Lot 2, on a tangential curve, concave to the northeast, having a radius of 116.49 feet, and a central angle of 29 degrees 21 minutes 24 seconds, to the point of beginning of the line to be described; thence South 59 degrees 08 minutes 36 seconds West, radial to the last described curve, a distance of 21.14 feet; thence South 88 degrees 30 minutes 00 seconds West , a distance of 159.43 feet; thence South 00 degrees 13 minutes 50 seconds West, a distance of 202.34 feet to the south line of said Lot 2, said line there terminating. WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing. 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 Cheasapeake Companies for a site plan, conditional use permit and variances for Video Update, subject to the following conditions: Resolution 98-488 Page 2 1. This site plan is for constriction of a 6,000 -square foot retail building, as shown on plans received by the City on July 2, 1998, except as amended by this resolution. 2. A variance is approved to allow parking spaces/drive aisles within six feet of the building, based on the finding that the shape of the site and the location of buried utility lines creates a unique hardship. In addition, the variance allows the building to be closer to the front property line, which is an objective of the City Center Plan. 3. A variance is approved for a 48 -foot front yard setback, based on the finding that the shape of the parcel makes efficient utilization of the parcel difficult without the variance, and that the limited amount of street frontage prevents both buildings from maintaining the required setback. Moreover, the variance is necessary to achieve greater structural coverage which is an objective of the City Center Plan. 4. Prior to the issuance of building permits, the applicant shall revise the landscape plan to show sugar maples along the boulevard. 5. This resolution approves a Fire Code Variance to the requirement for a fire lane within 50 feet of all sides of the building, as shown on the plans received by the City on July 2, 1998. 6. All wall and freestanding signs shall comply with minimum Zoning Ordinance requirements, and no sign variances are granted or implied. 7. Covenants regarding cross access and fire access shall be submitted for staff review and approval and shall be filed with Hennepin County prior to issuance of building permits. 8. Standard Conditions: a. Compliance with the City Engineer's Memorandum. b. Submission of the required Financial Guarantee and Site Performance Agreement for completion of site improvements within twelve months of the date of this Resolution. c. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. d. Prior to the issuance of building permits, compliance with the Ordinance regarding the location of fire hydrants, fire department connection, fire lanes, and fire lane signage. e. An 8 1/2 x I I inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. f. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started constriction 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 21015.07, 2 103 0. 06 and 21045.09 of the Zoning Ordinance. Resolution 98-488 Page 3 Adopted by the City Council on August 19, 1998. 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 19, 1998, 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