HomeMy WebLinkAboutCity Council Resolution 2002-379CITY OF PLYMOUTH
RESOLUTION 2002-379
APPROVING A VARIANCE FOR NORTH AMERICAN PROPERTIES FOR HEIGHT
OF FREESTANDING LUMINAIRES ON LOTS 2, 3, 4 AND 5 AT PLYMOUTH
MARKETPLACE LOCATED IN THE NORTHWEST QUADRANT OF HIGHWAY 55
AND VICKSBURG LANE (2002053)
WHEREAS, an application has been filed by North American Properties which requests
approval of a variance to allow tiventy three (23) 25 -foot high freestanding light poles to
remain, contingent on the installation of shields; and
WHEREAS, the subject site is legally described as follows:
Block 1, Lots 2, 3, 4 and 5, Ph -mouth 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 Cite
on June 26, 2002, except as may be amended by this resolution.
2. The variance requested allows North American Properties to retain the existing
luminaires on Lots 2, 3, 4 and 5, contingent upon North American Properties
installing six-inch shields on each of the fixtures on these lots in the same color as the
existing fixtures.
3. The six-inch shields shall be installed witlnn 45 days. -- - - jFormatted: Bullets and Numbering
Resolution 2002-379
(2002067)
Page 2
�4.The requested variance is granted based upon findings that the applicable variance- - -- I Formatted: Bullets and Numbering
standards have been met, as follows:
a. The location of the in-place site improvements at Plymouth Marketplace was
predicated on the existing 25 -foot high luminaires. If the applicant is required to
provide luminaires that meet the strict letter of the Zoning Ordinance, they would
need to 1) remove all existing luminaires on Lots 2 through 5 and replace them with
entirely- new fixtures and poles, 2) provide additional poles and fixtures, reducing the
amount of parking on Lots 2 and 5 and 3) adjust landscaping accordingly. This
would result in short term disruption of much of the on-site parking and a long term
loss of parking spaces. Because Plymouth Marketplace was granted PUD flexibility
for less parking than required by ordinance, loss of parking for additional light poles
would represent a hardship. Additional light poles would also result in a long term
increase in the cost of maintenance of the luminaires and an increase in the difficulty
of snow removal with the additional poles in the parking areas of Lots 2 and 5.
b. The conditions upon w1iich the variance application is based are related to actions
taken by Cite staff and the Cite and are related specifically to the approved plans and
the approving resolution for the subject property. Since plans for a property are
necessarily tailored to the unique characteristics of the property, the plans and the
Citi 's response to them are likeiyise unique.
c. Adding shields to and retaining the existing freestanding luminaires would not
materially affect the value of the project. If the variance is not granted, the applicant
would need to undertake major site changes at major expense.
d. The applicant installed the luminaires on Lots 2 through 5 in good faith, based on the
lighting plan approved by the Cite. The need for the variance stems from the City's
lighting regulations which are difficult to interpret and which have produced the
unintended consequences of requiring shorter luminaires than intended (based on
building height and roof line definitions) and shorter luminaires than are in general
use elsewhere or can reasonable meet commercial parking lot lighting needs.
e. The existing luminaires are separated from the adjacent neighborhood by a minimum
of 300 feet, including a 150 -foot ivide permanent tree buffer and additional
landscaping in individual yards. Provided that the applicant installs shields on each
of the fixtures, granting the variance will reduce any glare now experienced in the
adjacent residential neighborhood while still providing a reasonable level of light for
the parking areas in Plymouth Marketplace.
f. Providing shields on the existing 25 -foot high luminaires would reduce any existing
glare from the luminaires which in turn would benefit the adjacent residential
neighborhood.
Resolution 2002-379
(2002067)
Page 3
g. The requested variance would meet the intent of the lighting standards in the Zoning
Ordinance in that it would provide for protection of the adjacent residential
neighborhood from unacceptable light trespass.
45.This approval shall expire one year after the date of approval, unless the landowner or- - -- I Formatted: Bullets and Numbering
applicant has started the project, or unless the landowner or applicant has received
prior approval from the Cite to extend the expiration date for up to one additional
year, as regulated under Section 21030.06 of the Zoning Ordinance.
ADOPTED by Cite Council this 13th day of August, 2002.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed Cite Cleric of the Cite of
Ply -mouth, Minnesota, certifies that I compared the foregoing resolution adopted at a
meeting of the Plymouth City Council on August 13, 2002, with the original thereof on
file in my office, and the same is a correct transcription thereof.
WITNESS m-\- hand officially- as such Cite Cleric and the Corporate seal of the Cite this
day of
Citv Clerk