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HomeMy WebLinkAboutPlanning Commission Packet 10-14-1992s A* CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: Oct. 5, 1992 COMMISSION MEETING DATE: October 14, 1992 FILE NO.: 92077 PETITIONER: James M. Raddatz Company REQUEST: Conditional Use Permit for outside storage of trucks, and related materials; and Zoning Ordinance Variances. LOCATION: 5575 Highway 169 GUIDE PLAN CLASS: I -P (Planned Industrial) ZONING: I -1 (Planned Industrial) BACKGROUND: On April 15, 1974, the City Council, by Resolutions 74 -196 and 74 -197, approved Site Plans for two buildings on adjacent parcels. Since that time, the two structures have been physically connected and the two parcels have been combined into one. In addition, the paving and parking arrangements have been modified. There are no Community Development Department files regarding these changes. On July 10, 1992, the City received a complaint regarding the outside storage of vehicles and equipment on this property. On July 14, 1992, the City inspected the site and found that a Conditional Use Permit was required for the outside storage and that this approval had not been previously granted. A letter was sent to the property owner on August 4, 1992, stating that the outside storage was in violation of the Zoning Ordinance since no Conditional Use Permit was approved as required in the I -1 Zoning District. The petitioner submitted. this Conditional Use Permit application on August 19, 1992. Notice of this Public Hearing has been published in the Official City Newspaper, and all property owners within 500 feet have been notified. PRIMARY ISSUES AND ANALYSIS: 1. The letter sent to the petitioner on August 4, 1992 notifying him of the zoning violation, required that action be taken within 15 days to correct the situation. This application is in response to that letter. The application was received on August 19, 1992. As of October 8, 1992, the outside storage has not been removed from the site. Page Two, File 92077 2. The petitioner is requesting approval of a Conditional Use Permit for the outside storage of vehicles and equipment for the Classic Asphalt Company in a 180 by 80 foot enclosure at the southwest corner of this site. 3. The Zoning Ordinance states that a an accessory use to a principal us single site, it actually consists outside storage is located on the southerly parcel does not contain exist on the northerly parcel. Th Variance from Section 8, Subdivisio accessory use, outside storage, on conditional use for outside storage is e. Although this site functions as a of two separate legal parcels. The southerly of the two parcels. The a principal use. A principal use does e petitioner is therefore requesting a n D of the Zoning Ordinance to allow an a parcel without a principal use. 4. The Site Plan submitted for this request shows parking spaces located within 3 feet of the west property line versus the previously approved 15 foot setback. Although a formal variance request was not submitted for this setback, staff is reviewing this proposal as a formal variance request. 5. Before any Conditional Use Permit may be granted the Planning Commission must review the request for compliance with the standards set forth in Section 9, Subdivision A, Paragraph 2a. of the Zoning Ordinance. Attached is the Zoning Ordinance citation and the petitioner's response. 6. Before any zoning variance may be granted, the Planning Commission must review the request for compliance with the criteria set forth in Section 11, Subdivision C, Paragraph 2d. of the Zoning Ordinance. Attached is the Zoning Ordinance citation and the petitioner's response. 7. The petitioner's narrative has indicated that they will be paving the surface area for the outside storage, and revising their plan to provide a 20 foot gate entrance into the site for fire protection access. PLANNING STAFF COhMENTS: 1. The Zoning Ordinance requires that outside storage be screened from adjacent property. The petitioner has proposed to construct a wood screen fence around the outside storage area. The property directly to the west however, is at a higher elevation than this site. The proposed fence will not provide the standard 90 percent opacity required by the Zoning Ordinance from the property to the west. 2. Staff finds that the requested variance for an accessory use on a parcel without a principal use does not meet the variance criteria. This parcel can be combined with the adjacent property thereby eliminating the need for the variance. Staff did suggest this option to the petitioner. A letter from the Community Development Department dated July 7, 1981 recommended to the petitioner that the parcels be combined. 3. Staff finds that the implied variance request for parking setback of 3 APPROVING CONDITIONAL USE PERMIT, SITE PLAN AMENDMENT AND VARIANCES FOR JAMES M. RADDATZ COMPANY LOCATED AT 5575 HIGHWAY 169 (92077) WHEREAS, James M..Raddatz Company has requested a Conditional Use Permit, Site Plan Amendment and Variances for outside storage of vehicles and equipment for property located at 5575 Highway 169; and, 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 James M. Raddatz Company for outside storage of vehicles and equipment for property located at 5575 Highway 169, subject to the following conditions: 1. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 2. The permit is issued to the James M. Raddatz Real Estate as operator of the facility and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. Any signage shall conform with the City Ordinance standards. 5. There shall be no signage allowed on the property relative to the use. 6. The Conditional Use Permit for the outside storage of vehicles and equipment is approved for a 80 by 160 foot area on the site. 7. Outside storage shall be screened by a 6 foot wood fence. 8. A variance is granted for an accessory use (outside storage) on a parcel without a principal use. 9. A variance is granted for a 3 foot setback versus a 15 foot setback for parking spaces to the property line. 10. All outside storage shall be on an improved paved surface which meets City standards for cross section and drainage control. 11. The gate opening for the outside storage shall include a 20 foot wide gate for Fire Department access. res /pc/92077) Page Three, File 92077 feet versus the 15 foot requirement does not meet the variance criteria. The parking spaces can be restriped so that they meet the previously approved 15 foot setback granted in 1974. 4. Staff finds that the proposed outside storage of vehicles and equipment for Classic Asphalt does not meet the Conditional Use Permit criteria. The proposal does not provide adequate screening for the property to the west and due to the elevation differences, it appears that 90 percent opacity screen will not be possible. This use will be injurious to the use and enjoyment of surrounding property. 5. We have provided draft resolutions for denial, consistent with our findings; and, for approval, as requested (or implied) Submitted by: L 1 Charles E. Di leru , Community Deve t Director ATTACHMENTS: 1. Resolution Denying Conditional Use Permit, Site Plan and Variance 2. Resolution Approving Conditional Use Permit, Site Plan and Variance 3. Conditional Use Permit Criteria 4. Zoning Ordinance Variance Criteria 5. Petitioner's Narrative 6. Location Map 7. Letter to Petitioner Dated August 4 1992 8. Letter to Petitioner Dated July 7, 1981 9. Site Graphics DENYING CONDITIONAL USE PERMIT, SITE PLAN AMENDMENT AND VARIANCES FOR JAMES M. RADDATZ COMPANY LOCATED AT 5575 HIGHWAY 169 (92077) WHEREAS, James M. Raddatz Company has requested a Conditional Use Permit, Site Plan Amendment and Variances for outside storage of vehicles and equipment for property located at 5575 Highway 169; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by James M. Raddatz Company for outside storage of vehicles and equipment for property located at 5575 Highway 169, based on the following findings: 1. The request does not meet the Conditional Use Permit criteria. The outside storage of vehicles and related equipment will be injurious to the use and enjoyment of other property. 2. Adequate screening can not be provided due to the elevation difference between this site and the adjacent property to the west. 3. A variance for an accessory use on a parcel without a principal use is denied based on the finding that the parcel is not unique and can be consolidated with the adjacent property. 4. A variance for a 3 foot parking setback for parking versus the required 15 foot setback is denied based on the finding that the variance criteria have not been met. 5. The Site Plan is denied based on non - compliance with setback, screening and Conditional Use Permit standards of the Zoning Ordinance. res /pc/92O77) FKK S MON 9, St IVISIM A 2. $ Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evaluation against the standards of this section, Public Hearing, and development of a reo t : ration to the City Council, which shall make the final detenmination as to approval or denial. a. The Planning Commission shall review the application and consider its conformance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will prorate and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.. nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly develogrnnt and improvement of surrounding property for uses Permitted in the district. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. forms :o>pl /cup. surd /s) 10/69 I 11 • 141 1 k, r r' 1. That because of the particular physical surroundingst shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mete inconvenieme, if the strict letter of the regulations were to be carried cut. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 3. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4. That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel of land. S. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or its in the neighborhood in which the parcel of land is located. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. forms:o >pl /zon.stnd /s) 10/89 August 19, 1992 DESCRIPTION OF THE PROPOSED USE AND ITS CONFORMANCE WITH THE STANDARDS SET FORTH IN SECTION 9 OF THE PLYMOUTH ZONING ORDINANCE 1) The proposed use will comply with the Comprehensive Plan. 2) The conditional use will promote the general public welfare and will not be detrimental in any way. 3) The proposed use will not be injurious to the neighbors or adversely affect property values. 4) The conditional use will not impede any development of the surrounding property. 5) There is no problem relating to providing ingress, egress, parking, or potential traffic congestion relating to the proposed use. 6) The conditional use will conform to all regulations of the district. JAMES M. RADDATZ REAL ESTATE COMMERCIAL AND INDUSTRIAL 3025 Harbor Lane North October 5, 1992 Mr. John Keho City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Keho: Minneapolis, Minnesota 55441 (612)553. -1560 ' rLYIWOUTHCDMMUN'Ty DEVELOPMENT WT. In response to your request, this letter will address the six ordinance variance standards. First, the land involved was purchased separately by the previous building owner. I would like to maintain the same flexibility in case I wish to sell this land separately. Secondly, I do believe that the variation for which this petition is based is unique to the parcel of land. Thirdly, my request is not based on a desire to increase the value or income potential of the land. Fourthly, the difficulty has not been created by any person presently having an interest in the parcel of land. Fifthly, the granting of the variation will not, in any way, be detrimental to the public welfare or injurious to other and /or improvements in the neighborhood. Lastly, the granting of this variation will not impair an adequate supply of light and air to adjacent property or increase the traffic congestion, or increase the danger of fire, or endanger public saftey, or dimishish or impair property values within the neighborhood. Sincecel JAMES M. RADDATZ JMR:ec cc: Gerry Brown Classic Asphalt August 4, 1992 CITY OF PLYMOUTR Precision Engineering Company 9300 52nd Avenue North Minneapolis, MN 55428 SUBJECT: Violation of Plymouth Zoning Ordinance Dear Sir or Madam: An inspection was conducted at 5575 State Highway 169 in response to a complaint regarding a tenant of yours, Classic Asphalt, who is storing vehicles, excess materials and some debris outside on your property. Additionally it was also indicated that Classic Asphalt has done some dumping of materials in a potential wetland area located on your property. Section 8, Subdivision D, of the Plymouth Zoning Ordinance requires a Conditional Use Permit for any outdoor storage in the Industrial district.(See copy of ordinance enclosed). The dumping or filling of a wetland or a ponding area may also violate other Governmental Unit Regulations. Please take the necessary action to correct this violation by removing vehicles and materials from the property. I have enclosed a Conditional Use Permit application, if you choose to pursue the outside storage. This matter will be reviewed in 15 calendar days from the date of this letter to ensure action has been taken to correct this violation. Your prompt attention to this matter would be greatly appreciated. If you have any questions in regard to this, please call me at 550 -5052. Sincerely, Y v e Myra Wicklacz v Development Services Technician Enclosure cc: 01 -41 -0009 nu /mwp /01410009 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000 i Yt CITY a PLYMOUTH+ July 7, 1981 Mr. Jim Raddatz Raddatz Real Estate 3025 Harbor Lane No. Suite 324 Plymouth, MN 55441 RE 5575 - 5605 North County Road 18 Dear Mr. Raddatz: You have inquired whether the north portion (5605) of the subject building can be sold and occupied separately from the rest of the structure. The Chief Building Official and I have researched the files and the City ordinances regarding this and find that this could not be done under present conditions. You may recall that we had discussed 0is property earlier and we have record of discussing the conditions on this property with the former owner, Precision Engineering. 1. There are essentially two buildings on this property which at one time were each on a separate parcel. Several years ago, the then owner /occupant proposed and received approval for a connecting link which remains and which was viewed at the time as temporary since apparently, the owner had at one time contemplated enlarging the total building on a permanent basis. 2. The site for this development presently consists of two legal parcels which under the terms of the City ordinance should have been combined into a single parcel, but for some reason were not: Those parcels are: (1 The original two parcels plus the parcel to the west, formerly known as Outlot E of the Basslake Plaza Addition; (2) An equivalent size parcel to Outlot E which lies immediately south of Outlot E. These two parcels are indicated on the Half- Section Maps as Parcels 9 and 10 under the current Hennepin County property description system. 3. The west portion of Parcel 9 and all of Parcel 10 were intended to serve as parking for the total cc+mplex; field observation indicates that this was the use of the property. 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE 1612) 559.2800 111 Mr. Jim Raddatz 5575 - 5605 North County Road 18 7/7/81 Page two 4. The elimination of the connecting masonry link would leave two separate buildings on one legal parcel and City Planning Commission and City Council approval would be required to separate that Parcel into two by means of platting. It is our observation that the substandard size of the original parcels might serve as a basis for a negative finding on such a proposal. 5. In other words, from a planning perspective, it would seem more appropriate to consider consolidating Parcel 10 with Parcel 9 and perhaps even enclosing additional space between the structures to form a single development on a single parcel. 6. Another reason the north structure could not stand alone under present conditions is that it does not have an appropriate fire wall separation where it connects to the link; this reflects no doubt the fact that this was a single ownership and /or operation at the time the linkage was permitted. Our field observation suggests that the site despite its age and certain nonconforming characteristics could be upgraded and used for industrial purposes - to include prssible multiple tenants. The Parcel 10 should be consolidated with Parcel 9 to form a single property and to assure appropriate parking provisions for the total building. we can assist you with an application to achieve that consolidation. I have enclosed a copy of a current County Half- Sertion map with the subject property outlined for your reference. Please contact Building Official, Al Kleinheck or myself if you have further questions. Thank you for your inquiry. Sincerely, Blair Tremere, Director Planning and Community Development BT /gw cc: File A -553 V4" Al Kleinbeck ENC 4Wow,rf LAIM a - 1992 PARCEL MAP SS LME PLAZA ON ta) W m r s lift is pan•. ias 31 A ` at PdAzA 8 NORTHERLY PARCEL war 9 a• SOUTHERLY PARCEL -- 11 e 1 F "Qi 2 26l 4 g wo-•• - -- 3 FIR JI VO 1 3 0 of . ol vr+• s•o : PROPOSED OUTSIDE STORAGE r e • S!•• vl ; y r x I 0 1972 PARCEL MAP J. 1 1• 1 1 1 pIl I 1 os, •y I ao I til- 01 A -553 I A -554 4 v v O cc! cql Y O v n C t' o v APPROVES 4 SI PLAN ; `':;- 1 f ! it .. V I + +!f x ILI z 1 Qt i ilk 1 8 i9 t. oil I i• ' 1 r '' 1 ls I I T Z APPROVE 1974 1•T FiId# 1 i 1 4 W i F t-, TE i e.' Oki •^ ~ , g to •jp '' ' r all r M h• 0 PLAN O 5-1 pw X 3 3 s1 V, pJ Qi 5 D( 10, 01 lk ell ` w a t. ALL/ QAy i M 11 a', Y { A• v 11 11-464 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 8, 1992 TO: Planning Commission FROM: Eric J. Blank, Director of Parks and Recreation EID SUBJECT: PUBLIC HEARING - PLAN AMENDMENT, COMPREHENSIVE SIDEWALK /TRAIL PLAN For the last five months, the Park and Recreation Advisory Commission has been working with the City's consultant, Strgar- Roscoe- Fausch, on the updating of the City's comprehensive trail plan. At their September 10 meeting, the Commission voted unanimously to recommend the amendments as proposed in Fig. 7 of the SRF study. Figure No. 8 represents the new, enhanced comprehensive trail system plan. The actual proposed changes are as follows: New Class I Off -Road Trails 19th Ave Lancaster Ln, between 36th & Pilgrim Ln 26th Ave, between Medicine Ridge Rd & Hwy 169 Nathan Ln, including the frontage road from Hwy 55 to the Minnetonka border Xenium Ln, from Sunset Trail to the Minnetonka border New Concrete Sidewalks Carlson Pkwy, from Gleason Lk Dr to the Minnetonka border Vinewood Ln /42nd Ave, from Co Rd 9 to Co Rd 61 Olive Ln and 14th Ave at the Co Rd 6/101 intersection New On -Road Bike Lanes 45th Ave, from Vicksburg to Fernbrook Ln Pilgrim Ln, from 36th to 26th Ave 25th Ave, from Co Rd 101 to Dunkirk Ln 12th Ave, from Co Rd 101 to Co Rd 6 Niagara Ln, from Gleason Lake Rd to 9th Ave Harbor Ln, from 4th Ave to the Luce Line Juneau Ln, from Co Rd 6 via 13th Ave to Fernbrook Ln I have also included for your information a copy of the current sidewalk and trail system plan and a copy of the plan which shows all of our existing constructed trails within the City. I will be available at next Wednesday's Planning Commission meeting to answer any further questions you may have with regard to this plan amendment. EB /np PRAC Minutes /September 1992 Page 43 is a person familiar with the community. Annette's background includes a major in music and communciations, and extensive volunteer work with the park reserve, Camp Fire, and the gifted program. She also stated that having six children kept her involved in the community and the schools. Commissioners questioned Director Blank on what direction they were to take in terms of the volunteer coordinator. They were still somewhat unclear about this assignment. Director Blank said he understood that PRAC was to research the benefits a volunteer coordinator might provide to the City, which departments besides park and recreation have needs, and how to justify a paid position, be it full -time or part -time. It was suggested by Chair Anderson 'that at this time, it might be appropriate to appoint a sub - committee to look into this further. Those volunteering were Chair Anderson, Commissioners Waage and Watson, and staff members Bisek and Blank. They will meet prior to the next regular PRAC meeting. b. Review sidewalk and trail plan. Director Blank said that it would be necessary for PRAC to recommend approval of the sidewalk /trail plan. A MOTION WAS MADE BY COMMISSIONER WATSON AND SECONDED BY COMMISSIONER WAHL RECOMMENDING THAT COUNCIL ADOPT THE REVISED SIDEWALK /TRAIL PLAN (FIG. 8)- AS PROPOSED BY THE CONSULTANT. THE MOTION CARRIED WITH ALL AYES. C. Park projects update. The three neighborhood parks were all seeded and the grass is growing nicely. We will take ownership of the Bass Lake Lake Playfield within'a week or two. Tennis and basketball courts are open at both playfields. The bridges at Fazendin and Four Seasons neighborhood parks are now in place. d. Focus groups and surveys. Commissioner Johnson agreed to chair the sub - committee, and a date for their first meeting will be chosen following tonight's regular PRAC meeting. e. Amendment to park plan - playfield site selection. No discussion. f. Proposed 93 -97 CIP. The Planning Commission held a public hearing. An addition to the CIP in 1993 is a trail along Zachary Lane as part of the road reconstruc- tion if approved by Council. 6. NEW BUSINESS There was no new business to discuss. 5 A 0 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: Oct. 5, 1992 COMMISSION MEETING DATE: October 14, 1992 FILE NO.: 92089 PETITIONER: Hance Distribution REQUEST: Site Plan Amendment and Zoning Ordinance Variance for a parking lot expansion. LOCATION: 12195 -16th Avenue North GUIDE PLAN CLASS: I -P (Planned Industrial) ZONING: I -1 (Planned Industrial) BACKGROUND: On April 7, 1986, the City Council, by Resolution 86 -184, approved a Site Plan and Variances for the construction of a 40,600 square foot office /manufacturing building. Variances were approved for a 15 foot drive aisle setback, 40 foot parking setback, and a 5 foot parking lot setback to the building. On April 7, 1986, the City Council, by Resolution 86 -185, approved a Conditional Use Permit for incidental retail sales in this facility. On September 10, 1986, a Site Plan was administratively approved for this site. The Site Plan Amendment included relocating the building 17 feet to the south and included a Proof -of- Parking Plan which showed a parking ramp on the south side of the building. This relocation eliminated the need for the setback variance previously granted for the project. In 1987 a Site Plan Amendment and Variance identical to the one currently proposed was submitted for staff review. On April 10, 1987, staff forwarded a Development Review Committee letter to the petitioner indicating that a Proof - of- Parking Plan had been approved for this site and that staff would not support the variance request, a 23 foot setback for parking versus the required 50 foot setback, since a hardship had not been shown to exist. The Site Plan and variance request were then withdrawn by the petitioner prior to Planning Commission review. Notice of this variance request has been sent to all property owners within 100 feet. PRIMARY ISSUES AND ANALYSIS: 1. The petitioner is requesting approval of a Site Plan Amendment and Variance to allow for the construction of 24 additional parking spaces along the north side of the site. The parking spaces will. encroach 27 Page Two, File 92089 feet into the required 50 foot front yard setback. The encroachment will result in a 23 foot setback of the parking from the property line. 2. The site currently contains parking spaces for 58 cars. Based on the current use of the building, the parking on site meets Zoning Ordinance requirements. This site would require 116 parking spaces based on 100 percent manufacturing use of the structure. The approved "Proof -of- Parking" Plan provides for 121 parking spaces on site with 40 spaces on the second level of a parking ramp. 3. The parking setbacks on the properties to the east and west of this site appear to meet the required 50 foot setback requirements. 4. Before any zoning variance request may be granted, the Planning Commission must review the request for compliance with the criteria set forth in Section 11, Subdivision C, Paragraph 2d. of the Zoning Ordinance. Attached is the Zoning Ordinance citation and the petitioner's response. PLANNING STAFF COMMENTS: 1. The petitioner's narrative response to the zoning variance criteria states that the prime reason for this request is to provide for a more convenient parking location for the clients of the product testing center at the General Mills tenant space in this building. The petitioner has not indicated that there is a need for additional parking beyond what has already been constructed on this site. Their concern is the location of the parking on site, not the number of total available parking spaces. 2. If the setback variance is granted, there will be a noticeable difference in the proximity of the parking lot to 16th Avenue North when viewed from the west. The parking on the Hance Distribution site will clearly be located closer to the street than the parking to the west. The grade difference between the street and the proposed parking (the street is at a higher elevation) does mitigate this difference by screening the parking when viewed from directly across the street (from the south) 3. As part of the earlier approval of this facility, a "Proof -of- Parking" Plan was approved. The "Proof -of- Parking" Plan was to show how additional parking can be provided on site if the use of the site is intensified to the Zoning Ordinance maximum use. For this project, the "Proof -of- Parking" has been provided which shows that a parking ramp can be located on the south side of the building. These additional "Proof -of- Parking" spaces would still not meet the desired goal of the petitioner. The location of the additional parking spaces are not any closer to the north side of the building, where the main entrance to the facility is located, than the existing parking at the rear of the site. Page Three, File 92089 4. Staff finds that the requested variance from parking setback standards does not meet the variance criteria. The petitioner has not indicated that the parking setbacks creates a hardship for the site other than a mere inconvenience to the petitioner. 5. Draft resolutions providing for both denial and approval are provided for Planning Commission consideration. Submitted by: ATTACHMENTS: 1. Resolution Approving Site Plan Amendment and Variance 2. Resolution Denying Site Plan Amendment and Variance 3. Engineer's Memo 4. Petitioner's Narrative 5. Zoning Ordinance Variance Criteria 6. Location Map 7. Site Graphics 0 APPROVING SITE PLAN AMENDMENT AND VARIANCE FOR HANCE DISTRIBUTION LOCATED AT 12795 -16TH AVENUE NORTH (92089) WHEREAS, Hance Distribution has requested approval for a Site Plan Amendment and Variance for property located 12795 -16th Avenue North; and, 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 Hance Distribution for a Site Plan Amendment and Variance for property located 12795 -16th Avenue North, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements within-12 months of the date of this resolution. 3. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 4. This Site Plan Amendment is for the construction of 24 additional parking spaces. 5. A Variance is hereby approved for the 23 foot setback versus the 50 foot setback required for the parking to the property line based on the finding that the Variance criteria have been met. res /pc/92089) DENYING SITE PLAN AMENDMENT AND VARIANCE FOR HANCE DISTRIBUTION LOCATED AT 12795 -16TH AVENUE NORTH (92089) WHEREAS, Hance Distribution has requested approval for a Site Plan Amendment and Variance for a 23 foot parking setback versus the 50 foot parking setback for property located 12795 -16th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by Hance Distribution for a Site Plan Amendment and Variance for a 23 foot parking setback versus the 50 foot parking setback for property located 12795 -16th Avenue North, based on the following findings: 1. The Variance criteria have not been met, in particular, the request has not been shown to be a hardship for the petitioner versus a mere inconvenience. 2. The streetscape on the south side of 16th Avenue North will be negatively impacted if the variance is approved. The proposed parking would result in an obvious difference in the parking setback between this site and the property to the west. res /pc/92089) City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: October 8, 1992 FILE NO.: 92089 PETITIONER: Mr. Thomas Hance, Hance Distribution, 12795 16th Avenue North, Plymouth, MN 55441 SITE PLAN: PARKING EXPANSION - HANCE DISTRIBUTION BUILDING LOCATION: 12795 16th Avenue North, Plymouth, MN ASSESSMENT RECORDS: N/A Yes No X _ Have watermain area assessments been levied based on proposed use? 2. _ X _ Have Sanitary sewer area assessments been levied based on proposed use? 3. _ X _ Will SAC and REC charges will be payable at the time building permits are issued? These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - 5. Other additional assessments estimated: None LEGAL /EASEMENTS /PERMITS: 6. _ Is property one parcel? If "No" is marked, the approval of the site plan as proposed requires that a lot consolidation be approved by the City Council. N/A Yes No 7. _ X _ Complies with standard utility /drainage easements? If "No" is marked, the current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) 8. X _ _ Complies with ponding easement requirements? The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. If "No" is marked, the following changes are necessary: 9. X Are all standard utility easements required for construction provided? The City requires twenty foot (20') utility and drainage easements where these utilities are proposed to be installed. This item has been reviewed with the final site plan. If "No" is marked, the following changes are necessary: 10. X _ Have all existing unnecessary easements and rights -of -way been vacated? If "No" is marked, it will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. This is not an automatic process, it is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. _X._ _ _ Has the Owner's Duplicate Certificate of Title has been submitted to the'City with this application? If it is subsequently determined that the subject property is abstract Rroperty. then this requirement does not avnly. It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- N/A Yes No 12 . X _ _ 13. _X_ 14. X n Have all necessary permits for this project been obtained? The developer must comply with the conditions within any permit. DNR MN DOT Hennepin County MPCA State Health Department Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Wetland Conservation Act of 1991 from City Does the Site Plan comply with The City's Adopted Storm Drainage Plan? If "No" is marked, the following revisions are required: Does the Grading, Drainage, and Erosion Control Plan comply with the City's erosion control policy? If "No" is marked, the following revisions are required: Hal bales shall be placed around the existing catch basins until the new parking . lot has been paved. 15. , X Are necessary fire hydrants provided? If "No" is marked, the City of Plymouth requires five hydrants be spaced 300 feet apart. It will be necessary to locate hydrants in such a manner that the site plan complies with Plymouth City Code Section 905.05. 16. JL _ _ Is the size and type of material proposed in the utility systems included on the utility plans? If "No" is marked, the utility plan shall be revised to indicate the size and type of material. Sanitary Sewer Watermain Storm Sewer 3- N/A Yes No 17. X _ _ Is the post indicator valve and fire department connection provided? If "No" is marked, they shall be included in the site utility plan. 18. X Are hydrant valves provided? If "No" is marked, all new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W -2. 19. X _ Are sanitary sewer clean -outs provided? If "No" is marked, it will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. N/A Yes No 20. X _ _ Acceleration /deceleration lanes provided? If "No" is marked, Acceleration /deceleration lanes are required at the intersection of and 21. X_ _ _ Are all existing street rights -of -way the required width? If "No" is marked, an additional feet of right -of -way will be required on 22. _ X Does the grading plan comply with site drainage requirements? If "No" is marked, the City will not permit drainage onto a City street from a private parking lot, the site plan shall be revised accordingly. 23. X Is concrete curb and gutter provided? If "No" is marked, the City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. Show a detail for the concrete curb and gu r- 24. _ _ X Does the site plan comply with parking lot standards? The City requires that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 10OX crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 1001 crushed base and two inch bituminous mat. If "No" is marked, the site plan shall be revised to indicate compliance with these requirements: Show a detail for the parking section. 4- N/A Yes No N/A Yes No C 25. X _ _ Is it necessary to contact Bob Fasching, the City's public utility foreman, at 550 -7492? If "Yes" is marked 24 hours notice is required in advance of making any proposed utility connections to the City's sanitary sewer and water systems. All water connections shall be via wet tan. 26. _ _ Is it necessary to contact Tom Vetsch, the City's Street Foreman, at 550 -7493 for an excavating permit? If "Yes" is marked 24 hours notice is required before digging within the City right -of -way. 27. _ _ The City requires reproducible mylar prints of sanitary sewer, water service and storm sewer As- Builts for the site prior to the financial guarantee being released. 28. _ _ X Does the site plan comply with the City of Plymouth's current Engineering Standards Manual? If "No" is marked, see Items 14. 23. 24. and 28. 29A. Show proposed elevations for the retaining wall and parking. Submitted by: e^^ Daniel L. Faulkner, P.E. City Engineer 5- I PARKING ADDITION VARIANCE REQUEST OCT 4 SE-9-2 H. C. E. PROPERTIES CIITY• s OUL- 1- ilAOUTH A variance is requested to allow construction of 22 additional parking spacesWinlr%-Antol WRY he North side) the building at 12755 16th Ave. North. Currently, the space between the parking lot curb and the street is 52 feet. The requested variance would result in a setback of 23 feet from property line to parking spaces.. The rationale in support of this request is as follows: Variance standard # 1 - This request is not based on any hardship caused by physical surroundings, shape, or topographical conditions of the land involved. Variance standard # 2 - This request is not based on conditions unique to this parcel of land. Variance standard # 3 - The proposed variation does not in any way increase the value or income potential of the parcel of land. The current parking capacity of 57 vehicles is adequate to cover the needs of all three businesses operating in the building. The problem that the proposed additional parking spaces will address is one of proximity to the front entrance. In November, 1991, General Mills Inc., signed a long term lease for the middle third of the building for use as a warehouse and a product testing center. In April, 1992 the product testing work was initiated. The product testing requires up to 35 people at a time for periods of about one hour. The people who do this work do not do it on a regular basis and are not regular or permanent employees. (We try not to use anybody more than three times per year). Most of the product testing work is done in the evenings from approximately 5:00 p.m. to 9:00 p.m. Occasionally the product testing work starts earlier in the day and during these times, the front parking lot fills up and the people who do the product testing must use the back lot parking spaces. Using the back lot parking spaces has not been a problem so far but we anticipate that the early darkness of winter evenings and the possibility of poor footing might cause apprehension about parking in the back lot. The addition of 22 parking spaces in the front would eliminate any possible concerns on this issue. Variance standard # 4 - The hardship addressed by this request is caused by the setback ordinance and not by any persons presently having an interest in the parcel of land. Variance standard # 5 -, The granting of the proposed variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The proposed variation will not be noticeable from the street due to the elevation differences between the street and the parking lot. Variance standard # 6 - The requested variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 12OSI PARKING ADDITION VARIANCE REQUEST H. C. E. PROPERTIES A variance is requested to allow construction of 22 additional parking spaces in front of (on the North side) the building at 1275516th Ave. North. Currently, the space between the parking lot curb and the street is 52 feet. The requested variance would result in a distance of 38 feet from parking lot to street. The rationale in support of this request is as follows: Variance standard # 3 The proposed variation does not in any way increase the value or income potential of the parcel of land. The current parking capacity of 57 vehicles is adequate to cover the needs of all three businesses operating in the building. The problem that the proposed additional parking spaces will address is one of proximity to the front entrance. In November, 1991, General Mills Inc. signed a long term lease for the middle third of the building for use as a warehouse and a product testing center. In April, 1992 the product testing work was initiated. The product testing requires up to 35 people at a time for periods of about one hour. The people who do this work do not do it on a regular basis and are not regular or permanent employees. (We try not to use anybody more than three times per year). Most of the product testing work is done in the evenings from approximately 5:00 p.m. to 9:00 p.m. Occasionally the product testing work starts earlier in the day and during these times, the front parking lot fills up and the people who do the product testing must use the back lot parking spaces. Using the back lot parking spaces has not been a problem so far but we anticipate that the early darkness of winter evenings and the possibility of poor footing might cause apprehension about parking in the back lot. The addition of 22 parking spaces in the front would eliminate any possible concerns on this issue. Variance standard # 5 The granting of the proposed variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The proposed variation will not be noticeable from the street due to the elevation differences between the street and the parking lot. C n • Z, 1 «. 1. That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the. strict letter of the regulations were to be carried out. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 3. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4. That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel of land. S. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improveaoents in the neighborhood in which the parcel of land is located. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. forms :o>pl /zon.stnd /s) 10/89 Mn lamm- WA a NAMES- law