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HomeMy WebLinkAboutCity Council Resolution 2016-134 C ITY OF P LYMOUTH R ESOLUTION N O. 2016-134 R ESOLUTION A PPROVING A V ARIANCE TO A LLOW A F UEL I SLAND TO BE L OCATED IN THE F RONT Y ARD AT THE C ITY OF P LYMOUTH P UBLIC W ORKS F ACILITY FOR P ROPERTY L OCATED AT 14900 2 RD A VENUE N ORTH (2016005) WHEREAS, Oertel Architects has requested approval of a variance for the location of the fuel island; and WHEREAS, the subject property is legally described as: That part of the Northwest Quarter of the Northeast Quarter of Section 28, Township 118, Range 22, Hennepin County, Minnesota which lies East of the West 400.00 feet thereof; and WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Oertel Architects for a variance to allow a fuel island in the front yard at the City of Plymouth public works facility for property located at rd 14900 23 Avenue North subject to the following findings and conditions: 1. The requested variance is hereby approved to allow a portion of fuel island and its related canopy to be located in the front yard (roughly 15 feet in front of the front building line of the principal structure), in accordance with the application received by the city on January 20, 2016, and additional information on January 25, 2016 and March 28, 2016, except as may be amended by this resolution. 2. The requested variance is approved, based on the finding that all applicable variance standards would be met, as follows: a) The variance permitting a portion of the fuel island and its related canopy would be in harmony with the general purposes and intent of this chapter and is consistent with the uses listed for this land use classification in the comprehensive plan. The existing facility has a fueling station in need of updating to current standards and constructing the proposed fuel station in the new location will permit fueling to remain available during construction. b) The applicant has established that there are practical difficulties in complying with the ordinance. “Practical difficulties” means that: 1) Permitting the fuel island and canopy in the proposed location on the site allows the property to be used in a reasonable manner. 2) The plight of the landowner is due to circumstances unique to the property that were not created by the landowner. The existing building is set back roughly 100 feet from the front property line, thus increasing the front yard area and limiting the location for placement of detached accessory structures. 3) The variance, if granted, would not alter the essential character of the locality; the fuel island and canopy would be set back roughly 85 feet from the front property line. c) The purpose for the variation is not based exclusively on economic considerations; but rather, the variance is requested to facilitate easy vehicle maneuverability. d) Granting the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The fuel island canopy would improve the environment, safety and security of employees utilizing the fueling station. e) The proposed fueling station would not impair an adequate supply of light and air to adjacent properties, nor would it substantially increase congestion of public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood. f) The variance requested is the minimum action required to address or alleviate the practical difficulties. The proposed fueling island cannot be constructed at the front building line because it would interrupt large vehicle circulation patterns at the service center located on the west side of the building. 3. A building permit is required for the fuel island canopy, an electrical permit is required for the fuel pumps and separate tank permits are required for the fuel tanks prior to construction and installation of the fuel island. 4. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. 5. The variance shall expire one year after the date of approval, unless the property owner or applicant has commenced the authorized improvement or use, or unless the applicant, with the consent of the property owner, has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 21030.06 of the zoning ordinance. APPROVED by the City Council on this 26th day of April, 2016. 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 April 26, 2016 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