HomeMy WebLinkAboutCity Council Resolution 1999-339CITY OF PLYMOUTH
RESOLUTION 99 - 339
APPROVING A SITE PLAN AMENDMENT AND VARIANCE FOR UNITED PROPERTIES
FOR PROPERTY LOCATED AT 3500 ANNAPOLIS LANE NORTH (99058)
WHEREAS, United Properties has requested approval of a site plan amendment and variance to
allow a trash enclosure in the front yard on property legally described as:
Lot 1, Block 1, Plymouth Business Center 5th Addition, Hennepin County, Minnesota.
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 request by United
Properties for a site plan amendment and variance, subject to the following conditions:
This resolution approves a site plan amendment and variance to allow a trash enclosure in a
front yard in accordance with the plans and application received by the City on July 7, 1999,
except as amended by this resolution.
2. The variance to locate the trash enclosure in a front yard is approved based on the following
findings:
a. The physical surroundings of the property create a unique hardship, as distinguished from a
mere inconvenience. The Zoning Ordinance defines each yard that abuts a public street as
a "front" yard. Consequently, the property has two front yards, which limits the available
area in which to construct a trash enclosure. Because of the building and site design, it
would not be possible to locate the trash enclosure in a side yard.
Res. 99-339
Page 2 of 3
b. The conditions relating to the hardship are not generally applicable to other properties in
the I-1 district. The subject property fronts on two public streets, and the loading areas of
the building are located in the front yard adjacent to I-494. It is common practice to locate
trash enclosures near the loading docks of a building because this is the area that is
accessible to service vehicles. Further, as stated above, the physical surroundings and
design of the site are such that it is not possible to locate the trash enclosure in
conformance with the Zoning Ordinance requirements.
c. The request is not based upon a desire to increase the value or income potential of the
property. The proposal would allow the convenient placement of the 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. Because of the building and site design, it is not
possible to locate the trash enclosure in a side or rear yard.
e. The granting of the variance would not be detrimental to the public welfare or injurious to
other land in the neighborhood. The trash enclosure would be completely screened from all
residential properties, and would be stained to match the existing building.
f. The location of the trash enclosure would not impair an adequate supply of light and air to
adjacent property. The trash enclosure would not endanger public safety or create a
problem for vehicular traffic, because it would be located in the loading area of the site.
The trash enclosure would not increase the danger of fire or substantially diminish property
values in the neighborhood, because the applicant would construct the enclosure to comply
with all applicable building and fire code requirements.
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.
3. The trash enclosure shall be constructed of materials that match the exterior of the 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 August 17, 1999.
Res. 99-339
Page 3 of 3
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 August 17, 1999, 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