HomeMy WebLinkAboutCity Council Resolution 2004-054CITY OF PLYMOUTH
RESOLUTION 2004-054
DENYING A CONDITIONAL USE PERMIT, SITE PLAN AND VARIANCES FOR DAVID
LEE FUNERAL HOME FOR A MAUSOLEUM AND MEMORIAL GARDEN FOR
PROPERTY LOCATED AT 15100 COUNTY ROAD 6 (2003115)
WHEREAS, an application has been filed by David Lee Funeral Home which requests approval of
a conditional use permit, site plan and variances to allow a mausoleum and memorial garden for
property legally described as follows:
Parcel 1:
All that part of Government Lot 3, Section 28, Township 118 North, Range 22 West
embraced in the following described Tract of Land:
Commencing at the Northeast corner of the Northwest Quarter of said Section 28,
Township 118, Range 22; thence South on the East line thereof 2479.5 feet; thence at
right angles West 120 feet; thence at right angles South 1089 feet to the actual point of
beginning; said last described course hereinafter to be referred to as Line "A"; thence at
right angles East 120 feet to the East line of said Government Lot 3; thence South on said
last mentioned line to the center line of Hennepin County State Aid Highway No. 6;
thence Southwesterly along said center line to the point of intersection with the Southerly
extension of the above described Line "A"; thence Northerly to the point of beginning.
Parcel 2:
That part of Government Lot 2, Section 28, Township 118, Range 22, described as
beginning at a point on the West line of said Government Lot 2, distant 887.5 feet South
from the Northwest corner of said Government Lot 2; thence East at right angles to said
West line to the center line of the Town Road as shown on plat of "Roths Second
Addition"; thence South along the center line of said Town Road to the center line of
County Road No. 6, as shown on plat of "Roths Second Addition"; thence Westerly along
Resolution 2003-054
(2003115)
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the center line of said County Road No. 6 to the West line of said Government Lot 2;
thence North along said West line to the point of beginning.
Parcel 3:
All that part of Government Lot 3, Section 28, Township 118 North, Range 22 West
embraced in the following described Tract of Land:
Commencing at the northeast corner of the northwest quarter of said Section 28,
Township 118, Range 22; thence south on the east line thereof 2479.5 feet; thence at right
angles westerly, 120.00 feet; thence at right angles southerly, 1058.46 feet to the point of
beginnng of the parcel to be described; thence continuing southerly along last described
line, 30.54 feet; thence at right angles easterly, 120 feet to the east line of said
Government Lot 3 also being the west line of Government Lot 2; thence northerly along
said east line of Government Lot 3 a distance of 30.54 feet to a point on said east line of
Government Lot 3, distant 887.50 feet south from the northeast corner of said
Government Lot 3; thence at right angles westerly, 120.00 feet to the point of beginning.
WHEREAS, the Planning Commission has reviewed the request at a duly called public hearing.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request of David Lee
Funeral Home for a conditional use permit, site plan and variances to allow constriction of a
mausoleum and memorial garden located at 15100 County Road 6, based upon the following
findings:
1. The subject property is zoned P -I and Section 21650 of the Zoning Ordinance allows
cemetaries as conditional uses. The application has been reviewed and found to negatively
impact the use and enjoyment of surrounding properties and endanger the public comfort due
to the expansion of the cemetery use on the subject property.
2. Section 21650 of the Zoning Ordinance allows cemeteries as conditional uses as long as the
cemetary use meets the 50 -foot front -yard setback from Niagara Lane and County Road 6;
75 -foot front yard setback from Minnesota Lane; and 15 -foot side/rear setback from the north
property line. The applicant has proposed a development which is unable to meet this
condition and has requested variances that do not represent the minimum request necessary to
eliminate the hardship. The Council fiirther finds that the size of the proposed stricture and its
location on the parcel would not be consistent with the character of the neighborhood or
community, would limit current maintenance and fiiture expansion of abutting roadways, and
constitute too intensive a use given the size of the parcel.
ADOPTED by the City Council this 27"' day of January, 2004.
Resolution 2003-054
(2003115)
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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 13, 2004 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