HomeMy WebLinkAboutCity Council Resolution 2021-162
C ITY OF P LYMOUTH
R ESOLUTION N O. 2021-162
R ESOLUTION A PPROVING V ARIANCE FOR L EN B USCH R OSES FOR
P ROPERTY L OCATED AT 4035/4045 C OUNTY R OAD 101 (2021031)
WHEREAS, Len Busch Roses has requested approval of a variance to allow a 50-foot setback from
Ranier Lane right-of-way for construction of a new support building; and
WHEREAS, the property is legally described as follows:
The South 160 feet of the North 193 feet of the West 408.41 feet of the East 751.41 feet of the
Northwest Quarter of the Southeast Quarter of Section 18, Township 118 North, Range 22 West
of the 5th Principal Meridian, within Hennepin County Minnesota (4035 County Road 101);
AND
Commencing on the East line of the South Half of the Southwest Quarter of the Northeast Quarter
at a point 238.7 feet South from the Northeast corner thereof, thence West 208.7 feet, thence
North 238.7 feet, thence West to the Northwest corner thereof, thence South to a point distant
2 rods South from the Northwest corner of the Northwest Quarter of the Southeast Quarter,
thence East to the East line thereof, thence North to the point of beginning, excluding road,
Section 18, Township 118 North, Range 22 West of the 5th Principal Meridian, within Hennepin
County, Minnesota (4045 County Road 101); and
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA that the request by Len Busch Roses for a variance to allow construction of a new detached
garage in the front yard area for property located at 12311 Sunset Trail is approved subject to the
following:
1. The requested variance allowing construction of a support building that would be set back 50
feet from the Ranier Lane right-of-way is hereby approved, in accordance with the application
and plans received by the City on April 23, 2021, except as may be amended by this resolution.
2. The requested variance is approved, based on the finding that the applicable variance
standards would be met, specifically:
a) The requested variance and its resulting construction would be in harmony with the
general purposes and intent of the ordinance and would be consistent with the City’s
comprehensive plan.
b) The applicant has demonstrated that there are practical difficulties in complying with the
ordinance regulations, because:
1. The applicant proposes to use the property in a reasonable manner.
2. The request is due to circumstances not created by the applicant. The FRD zoning
district requires a 100-foot front yard setback from Ranier Lane right-of-way, however,
the site does not access or utilize Ranier Lane as a front yard.
3. The variance would not alter the essential character of the lot or neighborhood.
c) The requested variance is not based solely upon economic considerations. The applicant is
requesting the variance in order to construct additional needed cold storage space on the
property for their business.
d) The variance and its resulting construction would not be detrimental to the public welfare,
nor would it be injurious to other land or improvements in the neighborhood. The support
building would exceed minimum setback requirements from all other lot lines.
e) The variance and its resulting construction would not impair an adequate supply of light and
air to adjacent properties, nor would it increase traffic congestion or the danger of fire,
endanger the public safety, or substantially diminish property values within the
neighborhood.
f) The variance requested is the minimum action required to address the practical difficulties.
3. Compliance with Section 2025 (noise) of the Plymouth City Code.
4. The variance shall expire one year after the date of approval, unless the property owner or
applicant has commenced the authorized improvement or use, or unless the applicant, with
the consent of the property owner, 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.
APPROVED by the City Council on this 8th day of June, 2021.
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 June 8, 2021, 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