HomeMy WebLinkAboutCity Council Resolution 2003-464CITY OF PLYMOUTH
RESOLUTION 2003-464
APPROVING VARIANCE REQUEST FOR JOURNEY FOODS, LLC (CULVERS)
FOR PROPERTY LOCATED AT 4335 PEONY LANE NORTH (2003101)
WHEREAS, an application has been filed by Journey Foods, LLC which requests
approval of a sign variance to allow a 98 -square foot freestanding pylon sign for property
legally described as follows:
Tract E, Registered Land Survey No. 187, Files of Registrar of Titles, County of
Hennepin, except the Southwesterly 112.5 feet thereof.
Tract B, Registered Land Survey No. 1091, Files of Registrar of Titles, County of
Hennepin, except that part thereof lying North of a line drawn from the most Southerly
corner of Tract A, said Registered Land Survey, to a point on the East line of said Tract
B, distant 219.41 feet South from the Northeast corner of said Tract A.
That part of the East 33 feet of the East half of the Northwest Quarter of the Northeast
Quarter of Section 18, Township 118, Range 22, lying Southerly of the Easterly extension
of a line drawn from the most Southerly corner of Tract A, Registered Land Survey No.
1091, Files of Registrar of Titles, County of Hennepin, to a point on the East line of Tract
B, said Registered Land Survey, distant 219.41 feet South from the Northeast corner of
said Tract A.
Torrens Property
Torrens Certificate No. 1055863
WHEREAS, the Planning Commission has reviewed the request at a duly called public
meeting and recommends approval.
Resolution 2003-464
(2003101)
Page 2 of 3
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 Journey Foods, LLC for a sign variance to allow a 98 -square foot freestanding
sign on a pylon to be located at 4335 Peony Lane North, subject to the following
conditions:
1. This resolution approves a variance to allow a second freestanding business sign on
one property in accordance with the plans and application received by the City on
September 9, 2003 except as amended by this resolution.
2. The variance for 98 -square foot pylon sign at 4335 Peony Lane North is approved
with the finding that the applicable variance standards are met. Specifically:
a) The situation presents a particular hardship unique to this property and is not
generally applicable to other retail properties due to the placement of the building
on the property. Culver's restaurant is one of five commercial buildings on one
property. The Culver's building is located on the west end of the property and is
has the furthest distance from the access to the development off Peony Lane. The
building is also not readily visible for westbound traffic on State Highway 55 due
the building's location to the west, behind three other commercial buildings.
b) This situation is unique to this property because the development has five
commercial buildings on one lot. If each business were on its on lot, Culvers
would be allowed to have a freestanding business sign without a variance.
c) The request for the variance is related to continued viability of the restaurant at its
present location. The applicant stated that Culvers is performing in the bottom 10
percent of the Culvers stores in Minnesota. The applicant further stated that sales
are 30 percent below the other stores with twice as much local advertising.
d) The hardship is caused by the Zoning Ordinance. The applicant is requesting the
variance to allow improved visibility of their business from State Highway 55. The
sign would provide enough notice for consumers to navigate from Highway 55 to
Peony Lane to access the development.
e) Approval of the sign variance would not have an effect on the public welfare or be
injurious to other land or improvements in the neighborhood.
f) The proposed sign would not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets, increase the
danger of fire, endanger the public safety, or substantially diminish or impair
property values within the neighborhood.
Resolution 2003-464
(2003101)
Page 3 of 3
g) The requested variance is the minimum action required to eliminate the hardship.
The applicant researched the proposed sign location by floating a balloon to
determine the size and height needed to capture customer notice in time to enter
the development.
3. The applicant must obtain a sign permit, prior to installation of the sign.
4. Prior to issuance of a sign permit, the applicant shall receive approval of an
encroachment agreement for the sign from the City Council.
5. Prior to issuance of a sign permit, the applicant shall identify that the location of the
sign will not interfere with any clear spacing requirements of power lines.
6. Prior to issuance of a sign permit, the applicant shall submit a survey that identifies the
location of the sign.
7. The sign shall be located at least ten feet from property lines.
8. Any subsequent phases or expansions are subject to required reviews and approvals
per Ordinance provisions.
9. This approval shall expire one year after the date of approval, unless the property
owner 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 City Council on October 28, 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 October 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