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HomeMy WebLinkAboutCity Council Resolution 2007-156CITY OF PLYMOUTH RESOLUTION 2007-156 APPROVING A VARIANCE TO ALLOW A BUILDING ENTRY LESS THAN TEN FEET FROM A DRIVE AISLE FOR PROPERTY LOCATED AT 9900 ROCKFORD ROAD (2007023) WHEREAS, an application has been filed by Border Foods to allow a building entry less than ten feet from a drive aisle for property located at 9900 Rockford Road for property legally described as follows: Lot 2, Block 11, Dekoco Addition, Hennepin County, Minnesota. 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 Border Foods for a variance to allow a building entry less than ten feet from a drive aisle for property located at 9900rockford Road, subject to the following conditions: 1. This resolution approves a variance for a building entry to be 1.5 feet from a drive aisle, in accordance with the plans and application received by the City on March 9, 2007, except as amended by this resolution. 2. The variances are approved with the findings that the applicable variance standards are met, as follows: a. The lot is long and narrow and redevelopment of this in -fill property is complicated by the applicant's ability to provide the necessary building to drive -aisle setback, the minimum drive aisles around the building and maintain a landscaped area between the drive-through and the shared private drive. b. The narrow width of the lot is not typical among C-3 zoned lots. c. The variation would not increase the value or income potential of the parcel. d. Granting the variance would not alter pedestrian safety at the building entrance. Resolution 2007-156 (2007023) Page 2 e. Granting the variance would not impair an adequate supply of light or air to adjacent properties, have any impact on the number of anticipated trips in the private drive or adjacent public streets, increase the danger of fire or security or have any impact on adjacent property values. f. The request is the minimum action necessary to eliminate the hardship. 3. A building permit is required prior to construction of the building. 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 2 103 0. 06 of the Zoning Ordinance. Adopted by the City Council on April 10, 2007. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Cleric of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on April 10, 2007, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Cleric and the Corporate seal of the City this day of City Cleric