HomeMy WebLinkAboutCity Council Resolution 2012-346CITY OF PLYMOUTH
RESOLUTION No. 2012-346
A RESOLUTION APPROVING A VARIANCE FOR LUCKY'S 13 PUB TO ALLOW
THE SIZE OF A FREESTANDING SIGN AT 3000 HARBOR LANE TO BE INCREASED FROM
15 SQUARE FEET TO 49 SQUARE FEET, AND REPEALING RESOLUTION NO. 98-405
(2012083)
WHEREAS, Lucky's 13 Pub has requested approval of a variance to allow the size of a
freestanding sign at 3000 Harbor Lane to be increased from 15 square feet to 49 square feet; and
WHEREAS, the subject property is legally described as follows:
Lot 1, Block 1, PLYMOUTH FREEWAY CENTER 2 N1 ADDITION, according to the
recorded plat, Hennepin County, Minnesota.
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That part of Outlot A, ELWELL MILEY AND QUINN ADDITION, according to the
recorded plat, Hennepin County, Minnesota, lying southerly of the easterly extension
across it, of the north line of Lot 1, Block 1, PLYMOUTH FREEWAY CENTER 2 N1
ADDITION, according to the recorded plat, Hennepin County, Minnesota.
WHEREAS, the Planning Commission has reviewed said request at a duly called public
meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the
request by Lucky's 13 Pub for a variance to allow the size of a freestanding sign to be increased
from 15 square feet to 49 square feet, for property located at 3000 Harbor Lane, subject to the
following:
1. The requested variance is hereby approved, in accordance with the application received by
the city on October 4, 2012, except as may be amended by this resolution.
2. The requested variance is approved, based on the finding that all applicable variance
standards would be met, as follows:
a) The variance and resulting sign would be in harmony with the general purposes and
intent of the ordinance, and would be consistent with the city's comprehensive plan.
Resolution 2012-346
(2012083)
Page 2
The applicant has established that there are practical difficulties in complying with the
ordinance. "Practical difficulties" means that:
1) The applicant proposes to use the property in a reasonable manner. The amount
of freestanding signage on the site would actually decrease by two square feet
under the proposal.
2) The request is due to circumstances unique to the property that were not created
by the applicant. The site with its related circuitous access route is presently
difficult for motorists to find. The requested signage would improve wayfinding
to the restaurant.
3) The variance and resulting sign would not alter the essential character of the
locality. The site is surrounded by other commercial properties, and there are no
residential properties in the area.
b) The variance request is not based exclusively upon economic considerations, but rather,
is requested in order to assist motorists in finding the restaurant.
c) The variance and resulting sign would not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood.
d) The variance and resulting sign would not impair an adequate supply of light and air to
adjacent properties, nor would it increase traffic congestion in the public streets,
increase the danger of fire, endanger the public safety, or substantially diminish
property values within the neighborhood.
e) The variance requested is the minimum action required to address or alleviate the
practical difficulties.
A sign permit and an electrical permit are required prior to installation of the sign.
4. Resolution No. 98-405 which approved a sign variance and was adopted by the City Council
on July 8, 1998, and which was recorded with the Hennepin County Registrar of Titles on
October 15, 1998 as Document No. 3074136.0 is hereby repealed.
5. The variance shall expire one year after the date of approval, unless the property owner or
applicant has commenced the authorized improvement or use, or unless the applicant, with
the consent of the property owner, 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.
Approved this 27th day of November, 2012.
Resolution 2012-346
(2012083)
Page 3
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 November 27, 2012, 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