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HomeMy WebLinkAboutCity Council Resolution 2004-392CITY OF PLYMOUTH RESOLUTION 2004-392 APPROVING A VARIANCE FOR A VESTIBULE ADDITION LESS THAN TEN FEET TO A PARKING AREA ON PROPERTY LOCATED AT 3410 KILMER LANE NORTH (2004110) WHEREAS, Weld & Sons Plumbing has requested approval of a variance for property legally described as follows; Lot 8, Block 2 Glen Erie Addition, Hennepin County, Minnesota, according to the recorded plat thereof. WHEREAS, the Planning Commission has reviewed said 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 Weld & Sons Plumbing for a variance subject to the following conditions: 1. A variances is approved to allow an 11 -foot wide vestibule addition to be set back one foot, four inches from the parking lot, where the Zoning Ordinance requires 10 feet, based on the findings that the applicable variance standards as listed in Section 21030.03 of the Zoning Ordinance have been met according to the plans submitted to the City on August 25, 2004 and August 18, 2004, as follows: a. The property was platted in 1958 and is .44 acres where the C-5 district requires one acre. In 2003, the City Council approved a variance to lot size in order to constrict the building on the property. The small size of the lot means that the applicant has little flexibility in meeting the requirements of the Zoning Ordinance. Neither the building's location, nor the parking lot can be moved to accommodate the ten -foot setback between the parking lot and the entry addition. The building is pushed as far east on the lot as possible in order to provide the required parking spaces on the site and the parking lot is setback 20 feet from Resolution No. 2004-392 2004110 Page 2 the street as required. The applicant has no extra space on the property to move anything to accommodate the entry. b. Very few commercial properties are under one acre in size. c. The variation would not increase the value or income potential of the parcel as the addition does not add additional office space but increases the comfort of those working within the building. Further, removing the entry and cutting into the in -floor heating system would irreparably damage its functionality of the system unless completely removed and replaced. d. Granting the variance would not impair an adequate supply of light or air to adjacent properties, have any impact on the number of trips on Kilmer Lane, increase the danger of fire or security or have any impact on adjacent property values. e. The request is the minimum action necessary to eliminate the hardship. 2. Signage for this site shall be in compliance with the Sign Ordinance. Separate sign permits shall be required. 3. Trash storage shall be in compliance with the Zoning Ordinance. 4. 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 Sections 2 103 0. 06 of the Zoning Ordinance. Adopted by the City Council on September 28, 2004. 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 September 28, 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