HomeMy WebLinkAboutCity Council Resolution 2003-042CITY OF PLYMOUTH
RESOLUTION 2003-042
APPROVING A VARIANCE FOR NORTH AMERICAN PROPERTIES FOR THE
EXISTING WALL -MOUNTED LIGHTS ON BLOCK 1, LOT 2 AT PLYMOUTH
MARKETPLACE LOCATED IN THE NORTHWEST QUADRANT OF HIGHWAY 55
AND VICKSBURG LANE (200215 1)
WHEREAS, an application has been filed by North American Properties which requests
approval of a variance to allow the existing wall -mounted lights to remain on the
buildings located on Block 1, Lot 2; and
WHEREAS, the subject site is legally described as follows:
Block 1, Lot 2, Plymouth Marketplace
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
variance requested by North American Properties, subject to the following findings and
conditions:
1. The variance requested is granted in accordance with the plans received by the City
on December 2, 2002, except as may be amended by this resolution.
2.—The variance requested allows North American Properties to retain the existing wall -
mounted lights on Block 1, Lot 2 (multi -tenant retail building), contingent upon North
American Properties removing the wall -mounted lights from the buildings on Block
1, Lot 3 (Noodles/Chipotle building).
Resolution 2003-042
(2002151)
Page 2
2-.3.The requested variance is granted based upon findings that the applicable variance
standards have been met, as follows:
a) A hardship would result if the strict letter of the regulations were to be carried out.
The applicant is not able to modify the existing light fixtures or replace them with
conforming fixtures to meet the requirements of the Ordinance. Therefore the
only option, without a variance, is for the applicant to remove all of the wall -
mounted light fixtures. The applicant has committed to removing the wall -
mounted light fixtures from Lot 3. Requiring removal of all wall mounted lights
on Lot 2 and 3 would reduce the lighting for pedestrians moving along the
sidewalk in front of the buildings.
b) The conditions upon which the variance application is based are unique in that the
applicant is not able to find a suitable solution to modify the wall -mounted lights.
In this case, the lights on Lot 2 are not visible from the adjacent residential area
and would not affect the neighborhood.
c) That the purpose of the variation is not based exclusively upon a desire to increase
the value or income potential of the parcel of land. Allowing the existing wall
lights to remain would not materially affect the value of the project.
d) The applicant installed the lights in good faith and has tried to modify or replace
the fixtures to remedy the non-compliance. There are no fixtures available that
would work as replacements and meet the Ordinance requirements.
e) Granting the variance will not affect the adjacent residential neighborhood as the
lights on Lot 2 are not visible from this area. Allowing the lights to remain would
provide a reasonable level of light for the pedestrians in Plymouth Marketplace.
f) The wall -mounted lights are not visible from the adjacent residential area and
would not impair an adequate supply of light and air to adjacent property, or
substantially increase the congestion of the public streets, or increase the danger
of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
g) The applicant would remove the wall -mounted lights on Lot 3 to eliminate light
trespass from these light fixtures. Allowing the lights on Lot 2 to remain is the
minimum action necessary to eliminate the hardship.
Resolution 2003-042
(2002151)
Page 3
3-4.This approval shall expire one year after the date of approval, unless the landowner or
applicant has started 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 City Council this 28th day of January, 2003.
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 January 28, 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