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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