HomeMy WebLinkAboutCity Council Resolution 2008-007CITY OF PLYMOUTH
RESOLUTION 2008-007
APPROVING A SITE PLAN AMENDMENT AND VARIANCE TO ALLOW A DETACHED
ACCESSORY BUILDING FOR PIRTEK LOCATED AT 11350 STATE HIGHWAY 55.
(2007005)
WHEREAS, H and G Management, has requested approval of a site plan amendment and side
yard setback variance for property legally described as:
Tract A:
That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 118, Range
22, described as follows: Commencing at a point on the North line of the Southeast Quarter of the
Northeast Quarter distant 238.5 feet Easterly from the Northwest corner thereof, thence East
251.8 feet; thence at an angle of 81 degrees 30 minutes to the right 116.5 feet; thence Westerly
parallel with the North line of the Southeast Quarter of the Northeast Quarter distant 100 feet;
thence Southerly at right angles 88.6 feet to the Northerly line of County Road 6; thence Westerly
along said road line 168.6 feet; thence North 173.8 feet to beginning, except State Highway,
according to the United States Government Survey thereof.
Tract B:
That part of the Northeast Quarter of the Northeast Quarter, Section 35, Township 118, Range
22, described as follows: Commencing at the Southwest corner of the Northeast Quarter of the
Northeast Quarter, Section 35, Township 118, Range 22, then running Northerly along the
Westerly line of said Quarter -Quarter a distance of 138.5 feet, thence East, at right angles, to the
centerline of the West Medicine Lake Road; thence Southeasterly along said centerline of said
road to the intersection of the centerline of said road with the South line of the aforesaid Quarter -
Quarter; thence Westerly along said Southerly line to point of beginning, except that part thereof
described as follows: Commencing at the Southwest corner of said Quarter -Quarter; thence
running Northerly along the Westerly line of said Quarter -Quarter a distance of 138.5 feet; thence
Resolution 2008-007
File No. 2007005
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East at right angles a distance of 258.5 feet; thence Southwesterly to the South line of said
Quarter -Quarter to a point 238.5 feet East on said South line from the Southwest corner of said
Quarter -Quarter; thence Westerly to the point of beginning.
WHEREAS, the Planning Commission has reviewed said 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 H and G
Management for a site plan amendment and side yard setback variance for property located at
11350 State Highway 55, subject to the following conditions:
1. A site plan amendment and variance is approved to allow a 14.3 -foot by 14.3 -foot detached
accessory building on the northwest side of the existing Pirtek building located at 11350 State
Highway 55, in accordance with the plans received by the City on October 9, 2007, except as
amended by this resolution.
2. A variance is approved to allow a 32 -foot side yard setback where 75 feet is the minimum
setback specified by the Zoning Ordinance, based on the finding that:
a) The existing conditions of the property result in a particular hardship to the owner, if the
strict letter of the regulations were to be carried out. The property, at roughly one acre is
the minimum lot size specified for the Highway Commercial Zoning District. A majority of
the property includes front yard area, due to its location along State Highway 55 and West
Medicine Lake Boulevard. The side and rear yards of the property do not include enough
buildable area (outside of the 75 -foot setback) for an accessory stricture.
b) The existing Pirtek building is located north of the center of the lot and a 75 -foot setback is
required from all property lines. Detached buildings may not be located in a front yard
without a variance. Therefore, there is no location for an accessory building on this
property that would not require a variance.
c) The request is not based upon a desire to increase value or income potential of the
property. The variance would allow additional storage space for the property owner.
Approval of the variance would allow the applicant to bring their existing accessory
building in conformance with the Zoning Ordinance.
d) The hardship is caused by the Zoning Ordinance and has not been self-created. The
principle building was not constricted by the applicant.
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File No. 2007005
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e) Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. The accessory building is located 90 feet from
the closest single family home to the north and 180 feet from the single family home to the
west. There is a steep slope that separates the accessory building from the adjacent single
family homes. The accessory building was also constricted to match the existing Pirtek
building.
f) The variance would not impair an adequate supply of light and air to adjacent property, or
substantially increase the congestion of the public streets, or increase the danger of fire, or
endanger the public safety, or substantially diminish or impair property values within the
neighborhood.
g) The requested variance is the minimum action required to eliminate the hardship.
3. The applicant shall obtain a building permit for the accessory structure.
4. Prior to the issuance of a building permit, the applicant shall submit a revised site plan
showing a bituminous or concrete surface connection from the existing parking lot to the
front of the accessory building.
5. This 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 Sections 21030.06 and 21045.09 of the Zoning Ordinance.
ADOPTED by the City Council on January 8, 2008.
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 January 8, 2008 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