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HomeMy WebLinkAboutCity Council Resolution 2003-009CITY OF PLYMOUTH RESOLUTION 2003-009 APPROVING A VARIANCE TO ALLOW A 5 -FOOT PARKING SETBACK TO THE PRINCIPAL STRUCTURE FOR PROPERTY LOCATED AT 14550 -28TH AVENUE NORTH. (2002149) WHEREAS, Minntech Corporation has requested approval of a variance to allow a 5 -foot setback from parking to the principal structure, for property legally described as: The North 246.59 feet of Lot 6, Block 1, Circle Star Business Center, 2nd Addition as measured at right angles to the North line of said Lot 6, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota, and 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 Minntech Corporation for approval of a variance for parking setback, subject to the following conditions: 1. A variance is approved to allow a 5 -foot setback to the principal structure where 10 feet is required by the Ordinance, according to the plans received by the City on November 21, 2002, except as amended by this resolution. 2. The parking spaces shall be striped in conformance with the parking standards in Section 21135.07 of the Zoning Ordinance. Resolution 2003-009 File No. 2002149 Page 2 3. The applicant shall remove one parking space in front of the fire department connection on the west wall of the existing building. In addition, this area shall be identified as a fire lane. 4. The applicant shall provide wheel stops 16 feet from the drive aisle. A variance is approved to allow a five-foot setback to the principal structure, where 10 feet is the minimum setback specified by the Zoning Ordinance, based on the fording that: a) The existing conditions of the property result in a particular hardship to the owner, if the strict letter of the regulations were to be carried out. The applicant does not have enough space within the existing parking lot to meet the ordinance requirements. The applicant would need to reconstruct the existing parking area, by adding a five foot strip of bituminous to the west side of the existing parking lot. This would bring the parking area closer to 28t` Avenue North. In addition, the applicant would need to remove an existing grass area. b) The conditions for the variance are unique to the parcel. Requiring the parking setback would result in a 5 -foot parking addition that would remove an existing grass area. The property also has 7 existing parking spaces that block a drive aisle. The proposed addition would open the drive aisle, which would create circulation in the parking area that currently does not exist. In addition, the variance would make little difference to the appearance of the property, while increasing parking spaces on site. c) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land. The variance request is necessary to improve the parking arrangement of the site and to provide parking for the existing businesses. d) The circumstances surrounding the variance request were not self-created. The building was built in 1977 and Minntech purchased the building in 2000. Therefore, the conditions were created by previous owners. e) The approval of the variance to allow installation of the parking spaces along the building would not be detrimental to the public welfare or injurious to other land in the neighborhood. Allowing the variance would permit the owner to stripe the existing paved area to provide a more orderly parking arrangement along the building. The proposed setback would still provide 5 -feet of space from parking to the building. f) The proposed improvements would not impair an adequate supply of light and air to adjacent property, endanger public safety, increase congestion of the public streets, increase the danger of fire or substantially diminish property values in the Resolution 2003-009 File No. 2002149 Page 3 neighborhood. The variance would improve the safety of the site, as there is currently parking across a drive aisle. g) The requested variance is the minimum action required to eliminate the hardship. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. ----------------------------- k7. This approval shall expire one year after the date of approval, unless the property owner*- - - Formatted: Bullets and Numbering or applicant has substantially started construction 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 Section 21030.06 of the Zoning Ordinance. ADOPTED by the City Council on January 7, 2003. STATE OF MINNESOTA) COUNTY OF IIENNEPIN) 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 7, 2003 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