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HomeMy WebLinkAboutCity Council Resolution 1993-821CITY OF PLYMOUTH RESOLUTION 93-821 DENYING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PRE IM[INARY PLAN/PLAT, CONDITIONAL USE PERMIT AND VARIANCE FOR BATON CORPORATION FOR PROPERTY LOCATED SOUTHEAST OF LARCH LANE AND OLD ROCKFORD ROAD (92113) WHEREAS, Baton Corporation has requested approval for a Residential Planned Unit Development Preliminary Plan/Plat, Conditional Use Permit and Variance for 10 single family lots and 18 twinhomes for property located southeast of 41st Avenue North and Larch Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing; WHEREAS, at a duly called public hearing, the City Council has determined that the Baton Corporation request should be denied as a result of the following findings which show a lack of conformance with the City Zoning Code Standards and with Resolution 93-501 which established standards for environmental mitigation identified by the Environmental Assessment Worksheet prepared for this project; 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 Baton Corporation for a Residential Planned Unit Development Preliminary Plan/Plat, Conditional Use Permit and Variance for 10 single family lots and 18 twinhomes for property located southeast of 41 st Avenue North and Larch Lane, based on the following findings: 1. The applicant has not adequately responded to condition number 14 of Resolution 93-501, which inquired that the length of the cul-de-sac should be reviewed to determine if a shorter cul-de-sac would result in less environmental impacts while balancing the right of the property owners to develop this site. 2. The granting of a variance for the cul-de-sac length will be injurious to the use and enjoyment of the adjacent residential and park property. The site can be ...eveloped without the need for a cul-de-sac of such extreme length, 1400 feet versus the allowed 500 foot length. While the city has approved variances to permit culs-de-sac in excess of 500 feet in the past, this request is not consistent with those precedents due to the extreme length and the unique natural features of the property. The variance is, in part, necessitated by previous modifications to the PUD which eliminated other possible street access to this site. The mitigation measure that would be required, an emergency access drive to connect to 36th Avenue North, is not shown on the plan submitted for approval and would have impacts not evaluated in the subdivision review and review of the Environmental Assessment Worksheet. • RESOLUTION NO. 93-821 File 92113, Page Two Denial Resolution 3. The conditional use will be injurious to the use and enjoyment of other property in the immediate vicinity for purposes already permitted and will substantially diminish and impair property values within the neighborhood. 4. The applicant has not submitted a plan for staff approval showing the relocation of the trail, as recommended by the Planning Commission. 5. The applicant has not shown that flexibility from the Shoreland Overlay District Planned Unit Development standards are warranted on this site. The project could be built without the request for flexibility from the 30 foot bluff setback. Adopted by the City Council on December 20, 1993.