Loading...
HomeMy WebLinkAboutCity Council Resolution 2018-273 C ITY OF P LYMOUTH R ESOLUTION N O. 2018-273 R ESOLUTION A PPROVING V ARIANCE TO ALLOW C ONSTRUCTION OF AN A DDITIONAL D UMPSTER E NCLOSURE FOR P ROPERTY LOCATED AT 3355 P LYMOUTH B OULEVARD (2018 046) WHEREAS, John Bradley Construction has requested approval of a variance to allow construction of an additional dumpster enclosure in the front yard area located between the two Plymouth Hills Shoppes buildings and State Highway 55; and WHEREAS, the property is legally described as Lot 3, Block 1, Plymouth Hills 7th Addition, Hennepin County, Minnesota; and WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and does approve the request by John Bradley Construction for a variance to allow an additional dumpster enclosure for property located at 3355 Plymouth Boulevard, subject to the following: 1. A variance is hereby approved to allow an additional dumpster enclosure (bringing the total to three) within the front yard area between the buildings and Highway 55 for property located at 3355 Plymouth Boulevard, and the related administrative minor site plan modification is hereby approved, in accordance with the application and plans received by the City on June 20, 2018, except as may be amended by this resolution. 2. The requested variance is approved based upon the following findings: a. The requested variance, and its resulting construction, would be in harmony with the general purposes and intent of the ordinance, and would be consistent with the comprehensive plan. b. The applicant has demonstrated that there are practical difficulties in complying with the ordinance regulations, because: 1) The applicant proposes to use the property in a reasonable manner. 2) The request is due to unique circumstances, and would accommodate the trash generated by the site within a dumpster enclosure. 3) The variance would not alter the essential character of the lot or neighborhood. c. The requested variance is not based upon economic considerations. The variance would address the need for additional trash and recycling storage on the site by increasing capacity within a new dumpster enclosure. d. The variance, and its resulting construction, would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood. Resolution 2018-273 (2018046) Page 2 e. The variance, and its resulting construction, would not impair an adequate supply of light and air to adjacent properties, nor would it increase traffic congestion or the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. f. The variance requested is the minimum action required to address the practical difficulties. 3. Prior to construction of the dumpster enclosure, the applicant shall obtain the required building permit and fence/wall permit. 4. Prior to issuance of the building permit, the applicant shall fulfill the requirements, submit the required information, and revise the plans as indicated below, consistent with the applicable city code, zoning ordinance, and engineering guidelines: a. Add city application number #2018046 to all plan sheets. b. Label disturbed area and additional impervious surface. c. Add easements to the plan sheets. d. Provide an erosion control plan showing how the on- and off-site (downhill) catch basins will be protected and showing the perimeter controls around the enclosure. e. Complete a wetland delineation, obtain an approved boundary, and stay out of the wetland area or within diminis or use a wetland delineation company to research and affirm the incidental status of the wetland. 5. Given the proximity of the dumpster to a catch basin, the applicant needs to have a plan in place to manage potential spills/leaks and general runoff from the dumpster into the city storm sewer system. 6. The applicant shall provide a landscape plan that shows evergreen screening of the new dumpster enclosure. 7. Standard conditions: a. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. b. Compliance with all city ordinances, including those relating to outside storage. Any violations shall not require removal of the dumpster enclosure, but rather, shall be processed under the nuisance provisions of the city code. c. 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. ADOPTED by the City Council on this 24th day of July, 2018. Resolution 2018-273 (2018046) Page 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 July 24, 2018, 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