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HomeMy WebLinkAboutCity Council Resolution 2006-306CITY OF PLYMOUTH RESOLUTION 2006-306 APPROVING SETBACK VARIANCE REQUEST FOR RON' S MECHANCIAL INCORPORATED FOR THE INSTALLATION OF A CONDENSING UNIT LOCATED AT 10300 -10TH AVENUE NORTH (2006041) WHEREAS, an application has been filed by Ron's Mechanical, Inc., which requests approval of a setback variance to allow a 20 -amp condensing unit to be located within six feet of the east, side lot line, where the Zoning Ordinance allows for a minimum setback of six feet, for property legally described as follows: Lot 1, Block 1, Trenton Ponds -1 Addition, Hennepin County, Minnesota WHEREAS, the Planning Commission has reviewed the 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 Ron's Mechanical Incorporated for a setback variance to allow a condensing unit to be located within six feet of the east, side lot line for the property located at 10300- 1011 Avenue North, subject to the following conditions: 1. This resolution approves a variance to allow a 32x12x23-inch, 20 -amp condensing unit to be located within the required six-foot side yard setback in accordance with the plans and application received by the City on May 22, 2006 except as amended by this resolution. 2. The setback variance is approved with the finding that the applicable variance standards are met. Specifically: a) The proposed location of the condenser unit is the most logical based upon the topographical constraints and the location of wetlands on the site in relation to the location of the office building and its architectural features. Resolution 2006-306 (2006041) Page 2 of 3 b) The 15.84 -acre site contains 15.11 acres of wetland. The existing office building is constricted on the upland located in the southeast portion of the site. The building was constricted 6 feet from the east, side property line to allow for a greater setback from the wetlands located directly to the north and west of the building. The location of the building on the lot greatly diminishes the ability to locate the condenser elsewhere on the site without the approval of a variance. c) The purpose of the variation is to allow for the installation of a condensing unit needed to protect electrical equipment within the building. d) The conditions upon which the variance application is based are related to actions taken by previous property owners, not by the applicant, as a variance was approved to allow the building to be built six feet from the side property line where 15 feet is required. e) The proposal would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. f) The request has no impact on the supply of natural light and air to adjacent properties, the amount of congestion on the public streets or adjacent property values. g) The requested variance is the minimum action required to eliminate the hardship. 3. 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 Section 21030.06 of the Zoning Ordinance. Resolution 2006-306 (2006041) Page 3 of 3 ADOPTED by City Council on August 8, 2006. 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 August 8, 2006 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