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HomeMy WebLinkAboutCity Council Resolution 2003-093CITY OF PLYMOUTH RESOLUTION 2003-093 APPROVING SITE PLAN AMENDMENT FOR SITE IMPROVEMENTS AND A VARIANCE FOR AN EXPANSION OF A LEGALLY NON -CONFORMING LOADING AREA AT ARMSTRONG HIGH SCHOOL LOCATED AT 10635 36TH AVENUE NORTH. (2002160) WHEREAS, Wold Architects is requesting approval of a site plan amendment for site improvements and a variance to allow expansion of a legally non -conforming loading area at Armstrong High School located at 10635 36t` Avenue North for property legally described as: The West half of the Northeast Quarter of the Northwest Quarter of Section 24, Township 118, Range 22, except that part of the North 275 feet thereof lying East of the West 90 feet thereof. And, All that part of Government Lot 1, Section 24, Township 118, Range 22, lying north of the westerly extension of the North line of the SE 1/4 of the NW 1/4 thereof, except the North 435 feet thereof, and except the West 416 feet of the North 735 feet of said Government Lot 1, Section 24, Township 118, Range 22, according to the Government Survey thereof. And, The North '/2 of the East '/2 of the NE 1/4 of the NW 1/4 of Section 24, Township 118, Range 22, according to the Government Survey thereof. WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting and recommends approval. Resolution 2003-093 File No. 2002160 Page 2 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 Wold Architects for a site plan amendment for site improvements and a variance to allow expansion of a legally non -conforming loading area at Armstrong High School, subject to the following conditions: A site plan amendment and variance are approved to allow for site improvements and expansion of a loading area, in accordance with the plans received by the City on December 13, 2002 and revised plans submitted on January 16, 2003, except as amended by this resolution. 2. A variance is approved to allow an expansion of a legally non -conforming loading area that is located within 300 feet of residential property, based on the finding 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 loading area is a legally non- conforming use. The school was constructed between 1968 and 1970, prior to the 300 foot setback requirement for loading areas. Without the variance, the applicant would not be able to expand the loading area to make improvements. The school has established the existing loading area and would not be able to relocate the loading area to an alternative location that would serve the needs of the school and meet the current setback required. b) The circumstance upon which the petition for the variance is requested is unique to the parcel. The variance request is based on the need to increase the functionality of the existing school loading dock area. The loading area was established prior to the 300 -foot setback requirement. There is only one residential property within 300 feet of the loading area. Although the Ordinance prohibits loading areas within 300 feet of residentially zoned or guided property, whether a house exists on the property or not, the house was constructed in 1976, after the loading area was in use. 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 allow improvement and expansion of the loading area to increase the functionality of the existing loading area. d) The circumstances surrounding the variance request were not self-created. As noted, the school and loading area existed prior to the Ordinance requirement that prohibits loading areas within 300 feet of residential zoned or guided properties, unless completely screened by an intervening building. There is one residential property located within 300 feet of the loading area. Resolution 2003-093 File No. 2002160 Page 3 e) The proposed improvements would not be detrimental to the public welfare or injurious to other land in the neighborhood. The adjacent residential properties to the north are higher than the proposed location and will not be adversely impacted. There is currently no screening surrounding the existing loading area. Installation of a 10 -foot high wood fence would provide screening of the loading area from the view of the adjacent residential properties. I) 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 neighborhood. g) The requested variance is the minimum action required to eliminate the hardship. The proposed improvements and expansion to the loading dock are modest and are planned to improve the working conditions for custodial staff and meet the needs of the School District. The improvements would not significantly enlarge the loading dock area and are the minimum action necessary. 3. The plans shall be approved by the Bassett Creek Watershed Commission. 4. Prior to issuance of a building permit, the applicant shall provide a financial guarantee and Site Improvement Performance Agreement for all site improvements. 5. Prior to issuance of a building permit, the applicant shall revise the site plan to add a minimum of 14 parking spaces west of the existing westerly parking lot to replace the spaces lost for the improvements. The new parking spaces shall meet requirements of Section 21135.07 of the Ordinance. The new parking spaces shall be added within one year from the date of approval. 6. The loading area shall be screened by a 10 -foot high wood fence and shall be constructed so as to provide 100 percent opacity. 7. The construction fence surrounding the proposed chiller shall be moved to allow a minimum 20 -foot wide drive aisle between the fenced area and south curb area for emergency access at all times. 8. A 45 -degree inside turning radius shall be provided at new hydrant locations. 9. All damaged drive -aisles shall be repaired to minimum fire lane construction standards. 10. Fire lane signs shall be located in approved locations in the loading dock area, on both sides of the drive aisle surrounding the new chiller, and at hydrant locations. 11. Approval shall expire three years after the date of approval, unless the property owner or applicant has substantially started construction of the project. The landowner or applicant may Resolution 2003-093 File No. 2002160 Page 4 apply for approval of an extension by the City, as regulated under Sections 21030.06 and 21045.09 of the Zoning Ordinance. 212. Standard Conditions: *- - - Formatted: Bullets and Numbering a. Compliance with the City Engineer's Memorandum. fib. Compliance with the Ordinance regarding the location of fire hydrants, post indicator- - - Formatted: Bullets and Numbering valve, fire department connection, fire lanes, and fire lane signage. gc.An 8 1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. k ADOPTED by the City Council on February 25, 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 February 25, 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