HomeMy Public PortalAbout2016-062 Resolution Granting Variance and Site Plan Review Approval for Just for KixMember Cousineau introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2016-62
RESOLUTION GRANTING VARIANCE AND
SITE PLAN REVIEW APPROVAL FOR JUST FOR KIX
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Clough Properties, LLC (the "Owner") owns property currently addressed
45 Highway 55 (the "Property"), which is legally described in Exhibit A, attached hereto; and
WHEREAS, the Owner has requested a variance to increase the allowed impervious
surfaces on the Property from 25% to 50% and has also requested approval of a site plan review
to allow construction of an 18,040 square foot commercial building in which to operate a dance
studio and retail store; and
WHEREAS, the Planning Commission reviewed the requested variance and site plan at
a duly noticed public meeting on June 14, 2016 and recommended approval subject to certain
conditions; and
WHEREAS, the City Council held a public hearing on the requested variance and
reviewed the request at the July 5, 2015 meeting and reviewed again at the July 19, 2016
meeting; and
WHEREAS, based on the written and oral record before the Planning Commission and
City Council on the above dates as well as all additional testimony submitted to the City, the City
Council makes the following findings of facts in regards to the variance request:
1. The proposed variance is consistent with the Comprehensive Plan and in harmony
with the general purposes and intent of the Zoning Ordinance, subject to the
implementation of stormwater improvements and streambank restoration in excess of
standard City regulations.
2. The Owner proposes to put the Property to a reasonable use which is permitted in the
district.
3. The proposed variance does not confer special privileges which are not afforded to
owners of other lands, structures, or buildings in the same district and will not alter
the essential character of the locality, evidenced by the variance being similar to the
circumstances immediately to the west.
4. The plight of the Owner is due to the unique circumstances of the Property being
within the Elm Creek shoreland overlay district and guided for commercial
development at the intersection of two arterial roadways.
Resolution No. 2016-62
July 19, 2016
5. The Owner has established that there are practical difficulties in complying with the
requirements of the Zoning Ordinance.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves a variance to increase the permitted impervious surfaces on the Property from
25% to 50%.
BE IT FURTHER RESOLVED, that the City Council of Medina, Minnesota also hereby
approves the Site Plan Review.
BE IT FURTHER RESOLVED that the approvals granted herein shall be subject to the
following terms and conditions:
1) Site Plan Review approval is contingent upon approval of a Wetland Replacement Plan
and recording of a plat to combine the Property into a single parcel.
2) The Owner shall construct improvements as displayed on the plans received by the City
on 7/7/2016, except as modified herein.
3) The Owner shall enter into a development agreement in a form and of substance
acceptable to the City to ensure compliance with the conditions noted herein as well as
other relevant requirements of City ordinance and policy.
4) The Owner shall submit a letter of credit to ensure completion of required site
improvements.
5) Site Plan Review is contingent upon approval from MnDOT of maintaining an
emergency access in order to allow adequate emergency vehicle circulation. The Owner
shall record such documents as directed by MnDOT related to their proposed access
closure.
6) The Owner shall complete shore restoration recommended by the Elm Creek Watershed
to mitigate impacts of additional hardcover.
7) The Owner shall enter into a petition and waiver agreement with the City related to
improvements to Sioux Drive which are necessary to support access to the property.
8) Proposed concrete materials shall be decorative in nature consistent with the standards of
Commercial Zoning Districts.
9) The proposed structure is proposed to be accessed via a shared private driveway, and
shall be addressed off of Westfalen Trail.
10) The Owner shall obtain approval and any required agreements in order to connect to the
City of Plymouth sewer line and pay relevant fees to the City of Plymouth.
11) The Owner shall meet the recommendations of the City Engineer, Fire Marshal, and City
Attorney.
12) The Owner shall obtain all necessary permits and approvals, including but not limited to
Elm Creek Watershed Management Organization, the Minnesota Department of Health,
Resolution No. 2016-62 2
July 19, 2016
the Pollution Control Agency, the Minnesota Department of Transportation, and other
relevant agencies.
13) The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the variance, site plan and other relevant documents.
Dated: July 19, 2016.
Attest:
Bob Mitchell, Mayor
By:
J i M. Gallup, City C erk
The motion for the adoption of the foregoing resolution was duly seconded by member Pederson
and upon vote being taken thereon, the following voted in favor thereof:
Anderson, Cousineau, Martin, Mitchell, Pederson
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-62 3
July 19, 2016
EXHIBIT A
Legal Description of the Property
Real property in the City of Medina, County of Hennepin, State of Minnesota, described as
follows:
Lot 1, Block 1, Just for Kix, Hennepin County, Minnesota
Resolution No. 2016-62 4
July 19, 2016