HomeMy WebLinkAboutCity Council Resolution 2009-079CITY OF PLYMOUTH
RESOLUTION 2009-079
APPROVING A SIGN VARIANCE FOR COLUMBUS HOME ASSOCIATION FOR
PROPERTY LOCATED AT 10904 SOUTH SHORE DRIVE (2009008)
WHEREAS, an application has been filed by Columbus Home Association for a variance to
allow an existing non -conforming sign to remain at property legally described as follows:
That part of the Southwest 1/4 of the Northwest 1/4 of Section 36, Township 118 North, Range 22,
West of the 5th Principal Meridian, described as follows: Commencing at a point on the
Northwesterly Right of Way line of County Road No. 70, distant 205 feet Northeasterly as
measured along said Northwesterly Right of Way line from the intersection with the
Northeasterly Right of Way line of State Highway No. 55, said point hereinafter referred as
"Point A", thence Southwesterly, along said Northwesterly Right of Way line, a distance of 205
feet, to said Northeasterly Right of Way line, thence Northwesterly, along said Northeasterly
Right of Way line, a distance of 180.71 feet, thence Northeasterly, a distance of 207.90 feet, to a
point distant 180 feet Northwesterly from said "Point A", to the point of beginning of the land to
be described, thence Southeasterly, passing through said "Point A" to the center line of County
Road No. 70, thence Northeasterly, along said center line to the north line of said Southwest 1/4 of
the Northwest 1/4, thence Westerly, along said North line, to a point distant 317.90 feet Easterly
from the Northwest corner of said Southwest 1/4 of the Northwest 1/4, thence Southwesterly to the
point of beginning.
WHEREAS, the Planning Commission has reviewed the 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
Columbus Home Association for a variance to allow an existing non -conforming sign to remain,
subject to the following conditions:
1. This resolution approves a variance to allow the existing non -conforming roof sign located in
the center of the building to remain, in accordance with the application received by the City
on March 6, 2009, except as amended by this resolution.
Resolution 2009-079
(2009008)
Page 2 of 3
2. This sign variance is approved with the finding that the applicable variance standards are
met. Specifically:
a) The situation presents a particular hardship unique to this property because there are no
other viable options for signage other than the two existing roof signs. The building is
one story and was designed with a mansard -style roof overhang along the storefront that
covers the wall area of the building that would typically occupy wall signage. The
remaining wall area is mostly occupied by windows and doors. In addition, the present
site build out does not offer a viable option for a free standing sign because the parking
lot was constricted at the front property line along South Shore Drive. The Zoning
Ordinance requires that any free standing sign must be set back a minimum of 10 feet
from property lines. Therefore, the parking lot would need to be reconstructed to
provide space for a sign, which would require a loss of parking spaces.
b) The request for the variance is related to continued viability of the commercial site by
allowing the applicant's new tenant to have a sign visible from South Shore Drive. The
applicant was unaware of the Zoning Ordinance requirement that the sign would loose its
legal non -conforming status six months after their previous tenant moved out.
c) The hardship is caused by the Zoning Ordinance. The applicant is requesting the
variance to maintain an existing sign. The sign would provide enough notice for
consumers to navigate from South Shore Drive to access the site.
d) The sign variance would not have an effect on the public welfare or be injurious to other
land or improvements in the neighborhood. The only proposed change from the existing
condition would be new letters on the existing sign.
e) The requested variance is reasonable based upon the circumstances related to this site and
appears to be the minimum action necessary to address the hardship.
3. The property owner shall remove the two existing roof signs prior to any fi ture constriction
of a free standing sign on the property.
4. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
5. This variance 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 Section 21030.06 of the Zoning
Ordinance.
Resolution 2009-079
(2009008)
Page 3 of 3
ADOPTED by the City Council on April 14, 2009.
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 April 14, 2009, 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