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HomeMy WebLinkAboutCity Council Resolution 2022-277 C ITY OF P LYMOUTH R ESOLUTION N O. 2022-277 R ESOLUTION A PPROVING A V ARIANCE FOR H OLLYDALE GC D EVELOPMENT, I NC. FOR P ROPERTIES L OCATED AT 4705 AND 4695 G ARLAND L ANE, AND AT 17060 AND 17065 46 TH A VENUE (2022 070) WHEREAS, Hollydale GC Development, Inc. has requested approval of a variance to allow entrance monuments that would be set back zero feet from lot lines abutting Holly Lane, where the ordinance otherwise specifies a setback of ten feet; and WHEREAS, the subject properties are legally described as follows:  4705 Garland Lane: Lot 4, Block 3, HOLLYDALE 2ND ADDITION according to the recorded plat thereof, Hennepin County, Minnesota.  4695 Garland Lane: Lot 1, Block 3, HOLLYDALE according to the recorded plat thereof, Hennepin County, Minnesota.  17060 46th Avenue: Lot 35, Block 3, HOLLYDALE according to the recorded plat thereof, Hennepin County, Minnesota.  17065 46th Avenue: Lot 26, Block 6, HOLLYDALE according to the recorded plat thereof, Hennepin County, Minnesota. 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 it should and hereby does approve the request by Hollydale GC Development, Inc. for a variance to allow entrance monuments that would be set back zero feet from lot lines abutting Holly Lane, where the ordinance otherwise specifies a setback of ten feet, for properties located at 4705 and 4695 Garland Lane, and at 17060 and 17065 46th Avenue, subject to the following: 1. The requested setback variance for entrance monuments is hereby approved, in accordance with the application and plans received by the City on August 30, 2022, 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. Resolution 2022-277 (2022070) Page 2 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 extraordinary width of the Holly Lane right-of-way was not established by or required of the applicant. 3) The variance and its resulting construction would not alter the essential character of the affected lots or neighborhood. With the zero-foot setback variance, the entrance monuments would be located farther away from the traveled roadway than is typical, as they would be roughly 26 feet away from the paved section of Holly Lane instead of roughly 21 feet. c) The variance request is not based solely upon economic considerations. The applicant is requesting the variance to provide effective identification of the Hollydale subdivision for future residents and guests. 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. 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. Prior to installation of the entrance monuments and any related signage, the applicant must obtain a building permit. 4. The Mayor and City Manager are hereby authorized to execute the related encroachment agreements to allow the entrance monuments to be located within standard public utility and drainage easements. 5. 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 this 15th day of November, 2022. Resolution 2022-277 (2022070) Page 3 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 November 15, 2022, 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 ___________________, _________. ___________________________________ Jodi M. Gallup, City Clerk