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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