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Home My WebLink About2016-04-20 PACKET 07.H. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 4/20/16 � , � PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR * * * * � * * * � * � * * * * * * * * * * * * * * * * � * * * * * � * * � * * * :� * * * * * * * COUNCIL ACTION REQUEST: Consider adopting a resolution to rescind Resolution No. 2012-095 as it is no longer applicable to the proposed use of the property at 8479 East Point Douglas Road as a bank. STAFF RECOMMENDATION: Approve the request. BUDGET IMPLICATION: $N/A $N/A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION: DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ - ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from John M. Burbank dated 4/15/16 � RESOLUTION: Draft - Rescind resolution Res. No. 2012-095 ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: ADMINISTRATOR'S COMMENTS: � �� ity Administrator Date * * * * * � * * * * * * * * * * * * * * * * * * * * * * * :� * * * * * � * * :� � * � * � � � * * COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage � Grove �here Pride anaProsperity Meet TO: Honorable Mayor and City Council Charlene Stevens, City Administrator FROM: Jennifer Levitt, Community Development Director/City Engineer DATE: April 15, 2016 RE: Rescind Resolution No. 2012-095 Background/Discussion The legal counsel for Merchants Bank has requested that the City rescind Resolution No. 2012-095, which approved a conditional use permit allowing a restaurant with liquor (Famous Dave's) at 8479 East Point Douglas Road. The request to rescind that resolution is based on the fact that the conditions no longer are applicable to the approved use of the property as a bank. The request was initially generated by the title company that is preparing for the scheduled closing of the property on April 28, 2016. Recommendation That the City Council rescind Resolution No. 2012-095. RESOLUTION NO. 2016-XXX A RESOLUTION RESCINDING, CANCELLING, AND TERMINATING A PREVIOUSLY ADOPTED RESOLUTION PERTAINING TO PROPERTY AT 8479 EAST POINT DOUGLAS ROAD SOUTH WHEREAS, this Resolution pertains to the following parcels of real property located within the City of Cottage Grove, Washington County, Minnesota (hereinafter "Subject Property"): Lot 2, Block 1, Jamaica Square Addition Cottage Grove, Washington County, State of Minnesota. Commonly known as 8479 East Point Douglas Road South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, the City Council of the City of Cottage Grove on September 5, 2012, adopted Resolution No. 2012-095, which was on recorded February 14, 2013 as Document No. 3931899, pertaining to the Subject Property; and WHEREAS, the City received a request from the legal counsel for Merchants Bank to rescind Resolution No. 2012-095 as it is no longer applicable to the use of the property as bank; and WHEREAS, the City has reviewed Resolution No: 2012-095 and determined that the terms and conditions of that resolution are no longer applicable to the Subject Property; and WHEREAS, the City has agreed with the request to rescind, cancel, and terminate Resolution No. 2012-095 due to its inapplicability to the Subject Property. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, Washington County, Minnesota that Resolution No. 2012-095, adopted on September 5, 2012 and recorded on February 14, 2013, pertaining to the Subject Property, is hereby rescinded, cancelled, and terminated in its entirety. Passed this 20th day of April 2016. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk R�SO�.UT�aI� f�0, 2012mq95 �0, If�.��OLUTfON �il�PR.�DVIING A CC?NDITIQNAL USE P�1RM�T Tf� ALLt7W A RE�T�AUFiAPlT Wl1"H OIV-SAL� L[QUQEe �i' 8479 E�4ST Pt3CNT DQUGL.AS ROA� SC7UTH WHEREAS, Burnwaod, LLC, dba Famous Dave's BBQ, has applied for a condifianal us� permi�to a(low a restaurant wifih on-sale liqunr, an propet�y Iegaliy described as: Lat 2, Block 1, Jamaica Square Additinn, Catta�e Gro�e, Washington County, State of Minnesot�. Commar�iy known as 8479 Easfi Poinf Douglas Road Soufih, Cottage Grave, Was}�ing�on Caunty, State of Minnesota. WH�REAS, public hearir�g nafiices were mailed to property owners within �00 #eet of the property and a public E�earing natice was published in the South Washington County Bul(etin; and WHEREA�, ti�e Piannin� Commission he[d a pubEic hearing on August 27, 2012; and UIIH�RE.AS, a �ianning staff report, which detailed specific informafiian on the proper�y �nd the application request was prepared and presented; and WMEREAS, fih� public he�ring was open fiar public testimony. The appiicant attended the public hearing. No writ�er� or or�l festimany was received;.anc� WH�REAS, fihe Pi�nning Commissian unanim�usEy �8-ta-0 vote) recommended �pprova� of fh� application, subjeet fio certair� canditions iisted beiow, NOW, THER�FQRE B� 1T RES�L.V�C�, th� �ifiy CounciE �f the City of Cofitage Grave, Washington County, Minnesata, her�by approves th� conditianal us� permit to allow a restaurar�t with on-sale liquor, lacated on the property legally described abave, subj�ct to the foElowing canditions: 1. All applica�le permits ti.e., building, ei�ctrical, grading, sign and mechanical) and a commercial plan revi�w pac4cet must be completed, submitted, and approved by the Cify prior to the cnmmencement of any construction activities. Detai[ed consfiruction pians must be reviewed and approved by �h� �uilding Official and �ire Marshal. 2. The applicar�t must obtain an on-saie liquor license fram ��e City Councii before any alcohaiic beverage can be served. 3. The exferior wall bump-aut f��ade construcfed af corrugafed steel is p�rmit�ed to naturally corrode ta an aesthetic extent �s [ong �s it does not become a hazard. The corrugafi�d steel ma�erials are allowed to discofor, but must not become carroded. (1GJVIUUUII EVV. LV FG^VJJ Page2af2 4, A minimum of 21 aff-street parking spaces shall con#inually be provided inciuding a minimum of two handicap accessible spaces with one be9ng "van accessible." 5. The landscaping shal( be ins�alled as per the approved landscape plan and cdnti- nually mai�tained in a live vegetative state, kep# free af refuse ar�d debris, and replaced when necessary, Dead plant materials m�st be replaced with live planfiir�gs. Plantings rep[acing the dead shrubs nearest fio the fire hydrant afi fihe west access drive must not b� within six feet of the #ire hydranfi. Plant materials extending into and over the common access drives must be trimmed. 6, AI! signage must canform to �he desigr�, color, and loc�tion �s shnwn in the sign package submitted by the applicant and conform to �he City's Sign Ordinance regulations. Passed this ath day of Saptember 2�12. Myron ile yor Attest: � � Caran M. Stransky, City CI�r�C 4 ; "� � Receipt:#214213 3931899 RES $46.00 Return to: CITY OF COTTAGE GROVE 12800 RAVINE PKWY S COTfAGE GROVE MN 55016 Certified Filed and/or recorded on: 2/14/201311:46 AM 3931899 Office of the Eounty Recorder Washington County,Minnesota JenniferWagenius,CountyRecader STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF COTTAGE GROVE ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Cottage Grove, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached copies of Resolution No. 2012-095 of the City of Cottage Grove with the original on file in my office and the same is a full, true and complete transcript therefrom. WITNESS, my hand as such City Clerk and the corporate seal of the City this 6th day of February, 2013. ,..h...: , , , �;� s:��+,�..5 4 'L ,. f�� C��Z�!��l��{'' ' ',_ k��V'` ��.. .�,a,�_,, .;�t�Y � ' _ �� ..�...�� .�,.;�� „:� `}�`f�'1f�%°'��c+.1 r . . e � ♦�\`,4.� `F��.. j�^.-r; ''v:��'.'�. ��' •�'�tLL'•�''�r��{ S. r/""'\ •� . . �'. ��{+'s:.;��.�':��,F'�ti�+ .�i.�_�;?,�� ' �"��'• `'��`r,��•' 'p�� L ti��"'�(-y�.....•••'' � .;�`:;:� , . � ?�'��+,��'^ `�.��e.. tkfr� . . SEAL ,`` . :��:•� �„�,,,�,�,�� G:\CITYFILES\12 CITYFILES\024CUP Famous Dave's 8-27-12\Planning\CUP12-024 Famous Dave's Res#2012-095 ' Recording Cover,docx