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.