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.