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HomeMy WebLinkAboutCity Council Resolution 1999-197CITY OF PLYMOUTH RESOLUTION 99-197 APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND VARIANCE FOR CARLSON REAL ESTATE FOR PROPERTY LOCATED AT 1405 XENIUM LANE NORTH (99012) WHEREAS, Carlson Real Estate has requested approval of a conditional use permit amendment to allow a chain link fence for the daycare play area, and a variance to allow a trash enclosure in the front yard on property legally described as: Lot 1, Block 1, Minneapolis Industrial Park 6th Addition, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing 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 request by Carlson Real Estate for a conditional use permit amendment and variance, subject to the following conditions: A conditional use permit amendment is approved to allow a five-foot high chain link fence for the outdoor play area and a variance to allow a trash enclosure in a front yard, subject to the applications dated February 16, 1999 and March 4, 1999, and plans dated March 16, 1999, except as amended by this resolution. 2. A variance is approved to allow a trash enclosure in the front yard approximately 32 feet from the front property line, based on the following findings: a) A hardship exists due to the location of the storm pond and layout of the parcel. The location of these site improvements makes this the only reasonable location for the trash enclosure. Res. 99-197 Page 2 b) The conditions relating to the hardship are not generally applicable to other properties in the I-2 zoning district. The property in which the daycare is located technically fronts on three streets, I-494, Co. Rd. 6, and Xenium Lane. Because direct access to I-494 is prohibited, the "front' yard adjoining I-494 functions as an equivalent side or rear yard. c) The request is not based upon a desire to increase value or income potential. The proposal would allow the convenient placement of the trash enclosure in an area that does not detract from the appearance of the building or surrounding properties. d) The hardship is caused by the Zoning Ordinance and the physical surroundings of the property, and was not self-created. e) The granting of the variance would not be detrimental to the public welfare or injurious to other land in the neighborhood because the trash enclosure would not be visible from adjacent properties. f) The location of the trash enclosure would not impair an adequate supply of light and air to adjacent property. The location of the trash enclosure would not endanger public safety or create a problem for vehicular traffic because the trash enclosure would not be located within the sight triangle of the intersection and would not obstruct the view of motorists. g) The requested variance is the minimum action necessary. The Zoning Ordinance requires the applicant to screen the trash area from adjacent properties and rights-of-way. As proposed, the trash enclosure would provide the necessary screening. The trash enclosure shall be constructed of materials that match the exterior of the daycare building. 4. 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 Sections 21015.07 and 21030.06 of the Zoning Ordinance. Adopted by the City Council on May 4, 1999.