HomeMy WebLinkAboutPlanning Commission Packet 07-24-1991REPORT DATE:
FILE NO.:
PETITIONER:
REQUEST:
LOCATION:
5.Q
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
July 10, 1991 COMMISSION MEETING DATE: July 24, 1991
91052
Deltak Corp.
SITE PLAN AND CONDITIONAL
EXPANSION TO OUTSIDE STORAGE.
13330 12th Avenue North
USE PERMIT AMENDMENT FOR
GUIDE PLAN CLASS: IP (Planned Industrial)
ZONING: I -1 (Planned Industrial District)
BACKGROUND:
On April 5, 1976, by Resolution 76 -176, the City Council approved a
Conditional Use Permit and Site Plan for 38,830 square foot industrial /office
building. Several additions, lot divisions and revised screening plans were
approved by the City Council in the years 1977, 1979 and 1981. The most
recent plan approved for this site occurred in April, 1988 when Administrative
Approval was granted for the addition of 2,016 square feet addition. This
last addition was not constructed.
Notice of this Public Hearing has been published in the official City
newspaper, and all property owners within 500 feet have been notified. A
development sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. The applicant proposes an expansion of the existing outside storage
previously approved by a Conditional Use Permit) at the northwest corner
of the site. The outside storage area would be extended 160 feet west and
from the building 100 feet north, for total expansion of 16,000 square
feet. The applicant proposes to construct an eight foot redwood fence to
screen this additional outdoor storage along the north exposure of the
site (as an extension of the existing six foot redwood fence), and, along
the westerly exposure of the outdoor storage (relocated from its previous
position - screening from Xenium Lane). The new outdoor storage area
would not extend beyond the setback of the existing structure to Xenium
Lane.
2. Outside storage in the I -1 (Planned Industrial) Zoning District is allowed
only with the approval of a Conditional Use Permit consistent with the
provisions of Section 8, Subdivision D, Paragraph 2 of the Plymouth Zoning
Ordinance. Section 10, Subdivision C, Paragraph 4b of the Zoning
see next page)
Page Two
File 91052
Ordinance provides that any outdoor storage shall be located and screened
per plans approved by the City so as not to be visible from any classes of
residence district, from adjoining property, or from the public street.
Screening of outdoor storage from adjoining property and from the public
street in the industrial district may be waived totally or partially by
the City Council in conjunction with the Conditional Use Permit for
outside storage.
3. Development Review Committee analysis of this proposal has identified
incomplete screening of existing outdoor storage for this site consisting
of breaks in that screening from adjacent property along the north and
east property boundaries. Since the waiver provisions referenced above
with regard to screening of outdoor storage were added to the Zoning
Ordinance in 1991, no specific waiver has been granted in the past to
allow these breaks in the screening, although one could now be granted
consistent with the current ordinance provisions.
4. Any Conditional Use Permit must be responsive to the six specific
conditional use standards found in the Zoning Ordinance, a copy of which
is attached. We have also attached a copy of the petitioner's response to
those Conditional Use Permit standards.
5. The products to be stored outside include both raw materials used in the
manufacturing process of Deltak (primarily steel) and, manufactured
products of Deltak awaiting shipment (heat recovery assemblies).
6. While the Conditional Use Permit application for increased outdoor storage
is a result of a zoning violation action, no specific complaints have been
received from either the general public or adjoining property owners
regarding the current outdoor storage activity at Deltak.
PLANNING STAFF COMMENTS:
1. The proposed Conditional Use Permit and Site Plan amendment for outdoor
storage complies with the six Conditional Use Permit standards and Zoning
Ordinance standards provided for by the Zoning Ordinance.
2. We find no evidence of previously approved variances to allow the "breaks"
in the screening of outdoor storage that exists along the north and east
property lines, and the Zoning Ordinance until recently has not allowed a
waiver as a part of the Conditional Use Permit process. Considering the
location and type of use of the adjacent properties to the north and east
we find the granting of waivers to allow breaks in the screening as appear
by the plan last dated July 5, 1991 to be consistent with the intent of
the Zoning Ordinance and a waiver to permit the continuance of those
breaks and screening is recommended.
see next page)
Page Three
File 91052
RECOMMENDATION:
I recommend adoption of the attached resolution providing for the approval of
an amended Conditional Use Permit and Site Plan to allow an expansion of the
outdoor storage and to grant a waiver of screening requirements to adjacent
properties to reflect the existing breaks in the screening of the site on the
north and east property lines consistent with plans last dated July 5, 1991.
Submitted by:
ATTACHMENTS:
1. Resolution Approving Amended Conditional Use Permit and Site Plan
2. Conditional Use Permit Standards
3. Petitioner's Narrative
4. Location Map
5. Site Graphics
pc /jk/91052)
APPROVING AMENDED CONDITIONAL USE PERMIT AND SITE PLAN FOR DELTAK CORP.
91052)
WHEREAS, Deltak Corp. has requested approval for an Amended Conditional Use
Permit and Site Plan to allow expansion to outside storage for property
located at 13330 12th 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
Deltak Corp. for an amended Conditional Use Permit and Site Plan to allow
expansion to outside storage property located at 13330 12th Avenue North, and
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 Deltak Corp. for this property and shall not be
transferable.
3. The site shall be maintained in a sanitary manner.
4. All parking shall be off - street in designated areas which comply with the
Zoning Ordinance.
5. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements within 12 months of the date of this
resolution.
6. Any signage shall be in compliance with the Ordinance. No new signage is
hereby approved.
7. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
8. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
9. All waste and waste containers (including those for recycling) shall be
stored within the approved enclosure.
10. A waiver is hereby approved consistent with the provision of Section 10,
Subdivision C, Paragraph 4b. of the Zoning Ordinance to allow breaks in
the screening along the north and east property lines per the plans dated
July 5, 1991.
res /pc/91052)
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: July 17, 1991
FILE NO.: 91052
PETITIONER: Mr. John Nemac, Deltak Corporation, 13330 12th Avenue North,
Plymouth, MN 55441
SITE PLAN: OUTSIDE STORAGE - DELTAK CORPORATION
LOCATION: East of Xenium Lane, north of 12th Avenue in the northeast 1/4 of
Section 34.
N/A Yes No
1. _ X _ Watermain area assessments have been levied based on proposed use.
2. X Sanitary sewer area assessments have been levied based on proposed
use.
3. X 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 - None.
5. Other additional assessments estimated: None.
LEGAL /EASEMENTSIPERMITS:
N/A Yes No
6. _ X _ Property is one parcel -
The approval of the site plan as proposed requires that a lot
consolidation be approved by the City Council and the necessary
resolution should be processed at the same time as the site plan
approval.
N/A Yes No
7. _ X _ Complies with standard utility /drainage easements -
The current City ordinance requires utility and drainage easements
ten feet (101) 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 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.
9. X _ _ All standard utility easements required for construction are
provided -
The following easements will be required for construction of
utilities.
N/A Yes No
10. X _ _ All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way
to facilitate the development. It should be noted that this
vacation is not an automatic process in conjunction with the
platting process. It is entirely dependent upon the City receiving
a petition for the vacation from the property owner; therefore, it
is their responsibility to submit a petition as well as legal
descriptions of easements proposed to be vacated.
11. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
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 _ All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MN DOT
Hennepin County
MPCA
State Health Department
Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
13. _ XX _ Complies with Storm Drainage Plan -
The site plan will be submitted to the City's consulting engineer
for review to see if it is in conformance with the City's
Comprehensive Storm Drainage Plan. All of their recommendations
shall be incorporated in a revised plan. The grading and drainage
plan shall also indicate proposed methods of erosion control,
including the placement of silt fence in strategic locations.
Additionally, the following revisions will be necessary:
N/A Yes No
14. XX _ Necessary fire hydrants provided -
The City of Plymouth requires that all parts of a building such as
the one proposed be within 300 feet of a fire hydrant. It will be
necessary to locate hydrants in such a manner that the site plan
complies with this section of the City Ordinance.
15. X _ _ Size and type of material proposed in utility systems has been
provided
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services
and storm sewer.
16. X _ _ Post indicator valve - fire department connection
It will be necessary to locate the post indicator valve in such a
manner that it will not render any of the existing fire hydrants
inoperable.
3-
N/A Yes No
17. X Hydrant valves provided -
All new fire hydrants shall be valved with 6" gate valves per City
Engineering Guidelines Detail Plate No. W -2. This plate should be
referenced on the site plan.
18. X _ _ Sanitary sewer clean -outs provided -
It will be necessary to provide clean -outs on the proposed internal
sanitary sewer system at a maximum of 100 foot intervals.
19. X _ _ Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection of
and
N/A Yes No
20. _ X _ All existing street right -of -ways are required width -
Additional right -of -way will be required on
21. _ X _ Complies with site drainage requirements -
The City will not permit drainage onto a City street from a private
parking lot; therefore, the site plan shall be revised accordingly.
4-
PA'AP
23.
N/A Yes No
X _ _ Curb and gutter provided -
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.
X{ _ Complies with parking lot standards -
The City will require 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 100X 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 100X crushed base and two inch bituminous mat. The site
plan shall be revised to indicate compliance with these
requirements.
mzIio
N/A Yes No
24. _ X{ It will be necessary to contact Bob Fasching, the City's utility
foreman,
24 hours in advance of making any proposed utility connections to
the City's sanitary sewer and water systems. The developer shall
also be responsible for contacting Jim Kolstad of the Public Works
Department for an excavating permit prior to any digging within the
City's right -of -way. All connections to the water system shall be
via wet tap.
25. _ _ _ The City will require reproducible mylar prints of sanitary sewer,
water service and storm sewer As- Builts for the site prior to
occupancy permits being granted.
26. X The site plan complies with the City of Plymouth's current
Engineering Standards Manual. See Item No. 27A.
111-
27. A. The sanitary sewer manhole within the outside storage area shall be adjusted
accordingly and inspected by the City.
Submitted by: "V7 cGcfi
Daniel L. Faulkner, P. E.
City Engineer
sm
LO Z 60100
FR14 SDCFICN 9, S[NDIWSICN A
2. Procedure. Before any Conditional Use Permit may be granted, the
application therefore, shall be referred to the Planning Carmission for
purposes of evaluation against the standards of this section, Public
Hearing, and development of a reconnmendation to the City Council, which
shall make the final determination as to approval or denial.
a. The Planning Commission shall review the application and consider its
conformance with the following standards:
1) Carpliance with and effect upon the Comprehensive Plan.
2) The establishment, maintenance or operation of the conditional
use will pranote 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 development 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.stnd /s) 10/89
DELTEK CORPORATION
REQUEST FOR SITE PLAN AMENDMENT /CONDITIONAL USE AMENDMENT
OUTSIDE STORAGE ENLARGEMENT, NORTH SIDE
June 8, 1991
DESCRIPTION OF PROPOSED IMPROVEMENT
Deltek Corporation is located at 13330 12th Avenue North in the City of
Plymouth, at the northeast corner of Xenium Lane and 12th Avenue North. It is
located on two (2) land parcels, consisting of a total of 11.4 acres.
Original site construction was apparently completed under a Conditional Use
Permit, amended in 1981 with construction of an addition to the building.
Minor cosmetic type outside improvements were subsequently completed in 1981
and 1988, as indicated on the attached as -built survey. The original site plan
approvals included an outside storage area as shown on the as -built survey.
Under the enclosed request, the Owner.proposes to add a- bituminous surface
to the storage area within the redwood fence shown on the as -built survey. The
area is presently surfaced with a crushed concrete aggregate. The Owner
additionally proposes to enlarge the storage area by addition of a 60' x 100'
paved pad westerly of the redwood fence, as shown on attached Sheet 2. Part of
the redwood fence would be removed and a new 8' high redwood fence constructed
around the outer edge of the storage area to screen the storage from visibility
to the street and adjacent properties to the north.
The proposed storage expansion will have no impact on existing trees or
shrubbery in the vicinity of the construction.
The rate of stormwater runoff within the 60'x16O' expansion area will
change from approximately 0.3 cfs for the sod to approximately 0.5 cfs for the
paving. The amount of change is negligible in relation to the overall site and
should have negligible impact on the existing northeasterly drainage swale.
The proposed improvement is consistent with the zoning previously approved
for the site and, in this context, will not affect the comprehensive plan for
this area. The Conditional Use Amendment will promote and enhance the general
public welfare by providing on -going employment and will not be detrimental to
or endanger the public health, safety morals or comfort.
The proposed improvement is consistent with other industrial uses in the
area and will not diminish or impair property values, nor will it impede the
normal and orderly development of surrounding properties.
Fire lanes already designated will not be affected. The storage
enlargement does not affect ingress, egress or parking within the site.
MI
L
lion
ACC
Ily•
4 1
R
I
No"ON
MEi s
WIN
CY
Ih
NO
zx-
CL Do
GJ
VP
Lo
pq
wo
Z LA
ZL
v
j
5.8
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: July 10, 1991 COMMISSION MEETING DATE: July 24, 1991
FILE NO.: 91057
PETITIONER: William LaTour
REQUEST: APPROVAL OF A 10 LOT PRELIMINARY PLAT; REZONING OF A 9.7
ACRE TRACT FROM FRD (FUTURE RESTRICTED DEVELOPMENT) TO THE
R -1A (LOW DENSITY SINGLE FAMILY DISTRICT) AND A VARIANCE
REQUEST FOR THE MINIMUM LOT WIDTH OF ONE LOT AND FOR A
VARIANCE FROM THE MAXIMUM LENGTH OF A CUL -DE -SAC.
LOCATION: South of Greenwood School and West of County Road 101 (at
approximately 35th Avenue North extended)
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: FRO (Future Restricted Development District)
BACKGROUND:
There are no Community Development Department files on this parcel.
On June 17, 1991 the City Council approved the Final Plat and Development
Contract for the "Boulder Crest" subdivision on a parcel lying immediately
south of this parcel. As this proposal is designed, exclusive access is
through the Boulder Crest development, and the design of the north tier of
lots in Boulder Crest is partly responsive to a need to reduce the length of
cul -de -sac that would be required to serve this parcel.
Notice of this Public Hearing has been published in the official City
newspaper, and all property owners within 500 feet have been notified. A
development sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. The applicant proposes a conventional Preliminary Plat to create 10 single
family detached building lots on a site of 9.7 acres. Minimum lot size
proposed is 18,500 square feet, the R -1A zoning district minimum. Most
lots proposed exceed the 18,500 square feet minimum substantially.
2. Proposed are two variances from subdivision code standards, as follow:
a. To construct a cul -de -sac 560 feet in length (from the property line)
versus the ordinance standard of 500 feet.
see next page)
Page Two
File 91057
b. To create a lot (Lot 2) 25 feet in width at the front setback line
versus the ordinance standard of 110 feet.
3. The Preliminary Plat meets or exceeds all subdivision and zoning ordinance
standards for conventional subdivision plats in the R -1A zoning district
except those noted above.
4. The site is located in the Bassett Creek Watershed District; contains no
Shoreland Management Overlay District or Floodplain Overlay District; does
contain a small amount of land that may be federally protected wetland in
the extreme western periphery; contains no woodlands of significance;
contains no slopes of over 12 %; and, is generally suitable for urban
development with public sanitary sewers. No development of the site or
grading will take place in the area that may contain federally protected
wetlands. The proposed Preliminary Plat responds favorably to the
constraints found in the Physical Constraints Analysis.
5. The design of the plat with respect to access was discussed at length
during the Preliminary Plat consideration of the "Boulder Crest" plat
located immediately to the south. The design of the Boulder Crest plat
was modified at the recommendation of the Planning Commission to bring
34th Avenue North further north in an effort to reduce the ultimate length
of the cul -de -sac serving this site. Access to this site by a cul -de -sac
street has been assumed in the design of the subdivision immediately to
the south (Boulder Crest).
6. The applicant proposes creation and dedication of " Outlot A and the
construction of a trail to standard city specifications to provide access
from this plat, and, potentially, the Boulder Crest plat to the south to
the Greenwood School site located immediately to the north. The Director
of Parks and Recreation has recommended the City accept Outlot A and grant
the developer credit for the land area dedicated and the cost of
constructing the trail within that corridor.
7. The Subdivision Ordinance in Section 500.41 provides that variances may be
granted by the City Council upon a recommendation of the Planning
Commission from provisions of the Subdivision Ordinance, but not unless
three specific findings remain. A copy of those findings together with
the applicant's response thereto is attached to this report.
PLANNING STAFF COMMENTS:
1. The Preliminary Plat except with respect to the variances noted below,
meets or exceeds the requirements of the Plymouth Zoning Ordinance and
Subdivision Code with respect to the development of conventional plats in
the R -1A Zoning District.
2. The variances requested comply with the subdivision variance criteria of
the Subdivision Code. The unique shape of the parcel when coupled with
the physical constraints of the existin wetlands forms the basis for the
driveway corridor proposed for Lot 2. see graphics)
see next page)
Page Three
File 91057
3. Rezoning from FRD (Future Restricted Development) to R -1A (Low Density
Residential) is consistent with the Land Use Guide Plan.
RECOMMENDATION:
I recommend adoption of the attached resolutions providing for the approval of
the Preliminary Plat and General Development Plan; an ordinance to rezone from
FRD to R -1A; and a resolution setting a condition to rezoning prior to
publication. — /1 ,
Submitted by:
ATTACHMENTS:
1. Resolution Approving Preliminary Plat and General Development Plan
2. Ordinance Approving Rezoning
3. Resolution Setting Condition Prior to Publication of Rezoning Ordinance
4. Engineer's Memo
5. Subdivision Ordinance Variance Criteria
6. Applicant's Narrative
7. Location Map
8. Site Graphics
pc /jk/91057)
APPROVING PRELIMINARY PLAT AND GENERAL DEVELOPMENT PLAN FOR WILLIAM LA TOUR
FOR GREENWOOD PONDS.
WHEREAS, William LaTour has requested approval for a Preliminary Plat and
General Development Plan for Greenwood Ponds, a plat for 10 lots on 9.7 acres
located south of Greenwood School and west of County Road 101 (at
approximately 35th Avenue North extended); 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 hereby does approve the request by William LaTour
for a Preliminary Plat for Greenwood Ponds for 10 lots located south of
Greenwood School and West of County Road 101 (at approximately 35th Avenue
North extended), subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's
expense.
3. No building permits shall be issued until a contract has been awarded for
sewer and water.
4. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of filing the Final Plat with
appropriate credit for the dedication to the City of Outlot A and the
construction of a trail, to City specifications, within Outlot A.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution 79 -80 regarding minimum floor
elevations for new structures in subdivisions adjacent to, or containing
any open storm water drainage facility.
7. No building permits shall be issued until the Final Plat is filed and
recorded with Hennepin County.
8. Incorporation of tree protection provisions in the Final Plat and
Development Contract approval.
9. Variances are approved based on compliance with the variance criteria as
follow:
a. To construct a cul -de -sac 560 feet in length (from the property line)
versus the ordinance standard of 500 feet.
b. To create a lot (Lot 2) 25 feet in width at the front setback line
versus the ordinance standard of 110 feet.
res /91057.pp)
CITY OF PLYMOUTH
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
SOUTH OF GREENWOOD SCHOOL AND WEST OF COUNTY ROAD 101 (AT APPROXIMATELY 35TH
AVENUE NORTH EXTENDED) AS FRD (FUTURE RESTRICTED DEVELOPMENT) (91052)
Section 1. Amendment of Ordinance. Ordinance No. 80 -9 of the City of
Plymouth, Minnesota, adopted June 15, 1980 as amended, is hereby amended by
changing the classification on the City of Plymouth Zoning Map from FRD
Future Restricted Development) District to R -1A (Low Density Single Family)
District with respect to the hereinafter described property:
Insert Legal)
Section 2. General Development Plan. This Ordinance authorizes the
development of said tracts only in accordance with the Plan approved for the
File No. 91052.
Section 3. Effective Date. This Ordinance shall take effect upon filing
the Final Plat with Hennepin County and upon its passage and publication.
Adopted by the City Council
ATTEST
City Cle
File 91052
pc /cd/91057)
day of .
Mayor
SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND
FOR WILLIAM LA TOUR FOR GREENWOOD PONDS (91057)
WHEREAS, the City Council has approved an Ordinance rezoning certain land
located south of Greenwood School and west of County Road 101 (at
approximately 35th Avenue North extended) from FRD (Future Restricted
Development) District to R -1A (Low Density Single Family) District in
conjunction with approval of the Preliminary Plat for Greenwood Ponds;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does direct the Final Plat for
Greenwood Ponds to be filed with Hennepin County prior to the publication of
said Ordinance.
res /pc /91057.sc)
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE:
FILE NO.:
PETITIONER:
PRELIMINARY PLAT:
LOCATION:
N/A Yes No
July 16, 1991
91057
William LaTour, 3525 County Road 101, Plymouth, MN 55447
GREENWOOD PONDS
3525 County Road 101
1. X Watermain area assessments have been levied based on proposed use.
2. X Sanitary sewer area assessments have been levied based on proposed
use.
3. _ X 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 final plat approval.
4. Area assessments: Watermain area assessment based on 9.7 acres - 1.4
acres pond - A.38 acres x $1,580 - $13,114 Sanitary sewer area
assessment based on 9.7 acres - 1.4 acres pond - A.3 acres x 9880 per
acre - $7,304.
5. Other additional assessments estimated: Project 016- Pond BC -P1
estimated assessment $387,54,
N/A Yes No
6. _ _ X Complies with standard utility /drainage easements -
The City will require utility and drainage easements ten feet (10')
in width adjoining all streets and six feet (6') in width adjoining
side and rear lot lines.
N/A Yes No
7. _ _ X All standard utility easements required for construction are provided
The City will require twenty foot (20') utility and drainage
easements for proposed utilities along the lot lines where these
utilities are proposed to be installed. This item has been reviewed
with the final plat and final construction plans.
8. _ _ X Complies with ponding 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 drainage plan.
401,0114144dm
9. X All existing unnecessary easements and rights -of -way have been
vacated
It will be necessary to vacate the obsolete easements /right -of -way to
facilitate the development. This is not an automatic process in
conjunction with the platting process. It is the owner's
responsibility to submit a petition as well as legal descriptions of
easements proposed to be vacated.
10. X 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 property, then this requirement does
not apply.
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.
11. _ _ X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MnDOT
X Hennepin County
X MPCA
X State Health Department
Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
X Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
2 -
Ld
TRANSPORTATION:
N/A Yes No
12. X _ Conforms with the City's grid system for street names -
The names of the proposed streets in the plat must conform to the
City grid system for street names. The following changes will be
necessary. The street name shall be confirmed by the Building
DeRartment .
13. _ X Conforms with the City's adopted Thoroughfare Guide Plan -
The following revisions must be made to conform with the City's
adopted Thoroughfare Guide Plan.
14. X _ _ Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection of
and
15. _ _ X All existing street rights -of -way are required width -
Additional right -of -way will be required on 17 feet of right- of -wav
will be required for County Road 101 making the total distance from
center line 50 feet.
N/A Yes No
16. _ X Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be responsible
for constructing the necessary sanitary sewer, water, storm sewer and
streets needed to serve this plat. A registered professional
engineer must prepare the plans and profiles of the proposed sanitary
sewer, watermain, storm sewer facilities and streets to serve the
development.
3 -
N/A Yes No
C
C
17. _ X Preliminary utility plans submitted comply with all City requirements
The developer has submitted the required preliminary plans for the
proposed sanitary sewer, watermain and storm sewer facilities.
18. _ X_ Per developer's request a preliminary report and plan will be
prepared by the City -
If it is their desire to have the City construct these facilities as
part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1,
of the year preceding construction.
19. _ —2L Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots.
The minim= basement elevations shall be 1002 for Lots 1 and 2, Block
1 and 1001 for Lots 1. 2 and 3, Block 2.
N/A Yes No
20. The preliminary plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required:
21. _ X The preliminary plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4 -
PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL:
N/A Yes No
22. _ X It will be necessary to contact Bob Fasching, the City's utility
foreman, 24 hours in advance of making any proposed utility
connections to the City's sanitary sewer and water systems. The
developer shall also be responsible for contacting Jim Kolstad of the
Public Works Department for an excavating permit prior to any digging
within the City right -of -way. All water connections shall be via
wettan.
23. _ _ X Complies with Storm Drainage Plan -
The grading, drainage and erosion control plan has been submitted to
the City's Consulting Engineer for review to see if it is in
conformance with the City's Comprehensive Storm Drainage Plan. All
of their recommendations shall be incorporated in a revised plan.
The grading and drainage plan shall also indicate proposed methods of
erosion control, including the placement of silt fence in strategic
locations. Additionally, the following revisions will be necessary:
Shall comply with all agency permits.
24. A. The final plat of Greenwood Ponds will require the extension of the utilities
through the Boulder Crest Addition prior to a final plat being approved by the
City Council.
7
Submitted by: 6t-z,
Daniel L. Faulkner, P.E.
City Engineer
5 -
1. General Conditions. The Planning Commission may recommend a variance from
the provisions of this Section (500.41) as to specific properties when, in
its judgment, an unusual hardship on the land exists. In granting a
variance, the Commission may prescribe conditions that it deems necessary
or desirable in the public interest. In making its findings, as required
below, the Commission shall consider the nature of the proposed use of the
land and the existing use of land in the vicinity, the number of persons
to reside or work in the proposed subdivision, and the probable effect of
the proposed subdivision upon traffic conditions in the vicinity. No
variance shall be granted unless the Commission finds:
a. That there are special circumstances or conditions affecting the
specific property such that the strict application of the provisions
of this Section would deprive the applicant of the reasonable use of
the land.
b. That the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
c. That the granting of the variance will not be detrimental to the
public welfare or injurious to other property in the territory in
which the property is situated.
The Commission findings in granting or denying a variance shall be in
writing and filed with the City Clerk.
2. Application Reguised. Applications for any variance under this Subsection
shall be submitted in writing by the owner or subdivider at the time the
preliminary plat is filed for consideration by the Planning Commission,
and shall state all facts relied upon by the applicant, and shall be
supplemented with maps, plans or other additional data which may aid the
Commission in the analysis of the proposed project. The plans for such
development shall include such covenants, restrictions or other legal
provisions necessary to guarantee the full achievement of the plan for the
proposed project.
fonns:o >pl /sub.stnd /s) 10/89
William H. La Tour
3525 Co. Rd. 101 No.
Plymouth, Mn. 55447
June 21,1991
City of Plymouth
Community Development Department
3400 Plymouth Boulevard
Plymouth, Mn. 55447
Ref: La Tour Property rezoning
Dear Staff
JUN °
Q1
CIT`s, I-r.
H
COMMUNITY DEVLLGPMENT DEPT
9 L05-7
As owners of approximately 10 acres In the city of Plymouth, It Is our desire
to submit a preliminary plan dividing this land into single family lots. This
property in its entirety is the total land owned in Hennepin County by us. It
is also our homestead. It is our intention to subdivide this property into
ten separate lots including our home. We feel this subdivision will compliment
the Boulder Crest development and enhance the area soon to be served by
utilities. Rezoning and developing this property will allow access by
children to Greenwood Elementary school by the anticipated walk path to be
built. We are aware of the great Importance of maintaining wetlands and trees
and have taken seriously our plot not to destroy this wonderful nature.
We appreciate the city staffs effort to help us bring this project to a
successful conclusion for the benefit of the city as well as us. I am looking
forward to working hard on any requests you may make. Please accept Judy's
and my gratitude in advance for all of your efforts.
Sincerely,
William H. La Tour Judy A. La Tour
1
910 s'7
i.D
JUN f'- -,
William H. La Tour
3525 Co. Rd. 101 No. HPlymouth, Mn . 55447 COMMUNITY DEVELut -MENT DEBT, June 21,1991
City of Plymouth
Community Development Department
3400 Plymouth Boulevard
Plymouth, Mn. 55447
Ref: GREENWOOD PONDS Variance request west lot #2
Dear Staff
We hereby request the city staffs consideration for an access variance on theabovementionedlot. Due to the wetland area of this parcel which is
approximately 4 acres, a variance from current city codes is In order to helpusmaintainandmaximizeallwetlands. Lot 2 requires a set back that would
accommodate a longer than normal driveway. Due to street access and the
adjoining school property entirely open to the north, accessibility for public
safety vehicles is available and would not be detrimental to others. This lot
would enhance the adjoining property (lot 1) as this is such a large lot
maintaining it would be easier than if lot 2 did not exist.
Your help in this matter is greatly appreciated.
Sincerely,
William H. La Tour udy A. La Tour
1
f
1 July 11, 1991
Mr. Charles Dillerud
Planning Coordinator
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN. 55447
Dear Mr. Dillerud:
Re: Greenwood Ponds
My preliminary plat contains two variances to the Plymouth
Subdivision Code. One variance is for lot width for Lot 2
Block 1, and one variance is for culdesac length. My plat
contains a culdesac approximately 75 feet longer than the
500 foot distance recommended by Code.
It is my position that the variance standards to the Code
are met based on the following unique conditions to the
property:
CULDESAC LENGTH
My 9.7 acres is the "last" piece of land to be developed
in this neighborhood. My land is constrained by Greenwood
Elementary School on the north and the Boulder Crest plat
on the south. Amber Woods is to the west and County Road
101 is to the east.
Neither the County nor City wishes to grant access to County
Road 101, and had 34th Avenue in the Boulder Crest plat
been routed closer to my property line, no variance would be
necessary. Reducing the length of Ranier Lane to 500 feet
adversely affects the layout of the four easterly lots,
creates lot width variances and changes the location of the
outlot.
LOT WIDTH
Nine of the ten lots are to the R1A standards for lot
area and width at the setback line. Lot 2 Block 1 is
limited in width to code as a result of the narrow shape
of my property and the constraint of the wetlands to the
west. It should be noted that Lot 2 is 58,800 square feet
in area; significantly above R1A code requirements.
I respectfully request that the variances be granted as part
of the preliminary plat approval.
Sincerely,
Bill Latour
Petitioner JUL 11 1991
Cis 1 (1} UTHCOM, VU N' TY GE E OrffE T DEFT.
i
o• A
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: July 10, 1991 COMMISSION MEETING DATE: July 24, 1991
FILE NO.: 91043
PETITIONER: Len Busch Roses
REQUEST: SITE PLAN AMENDMENT FOR CONSTRUCTION OF FOUR ADDITIONAL
GREENHOUSES.
LOCATION: North of Medina Road, West of County Road 101
GUIDE PLAN CLASS: LAR (Living Area, Rural)
ZONING: FRD (Future Restricted Development District)
BACKGROUND:
On June 18, 1990, by Resolution 90 -355, the City Council approved a Site Plan
for the construction of two greenhouses ( #15 and #16) at the Len Busch Roses
complex, subject to several performance related conditions regarding lighting.
On December 10, 1990, by Resolution 90 -778, the City Council approved an
agreement with Len Busch Roses, Inc. concerning lighting of the greenhouses,
in response to Resolution 90 -355.
At their July 22, 1991 meeting, the City Council will review a proposed
landscaping berm along Medina Road which is intended to fulfill the
landscaping agreement approved on December 10, 1990. The Planning Commission
recommended approval of the landscape berm at the June 26, 1991 meeting. A
report concerning the City Council action on the landscape berm will be
presented at the Planning Commission meeting on July 24, 1991.
PRIMARY ISSUES AND ANALYSIS:
1. The applicant proposes the construction of four additional greenhouse
structures totalling 62,543 square feet as additions to the existing
greenhouse facility which now covers 235,210 square feet on the 35.94 acre
parcel. The additions would be identical in appearance to the existing
greenhouses, and pursuant to the agreement between Len Busch Roses and the
City of Plymouth, the new greenhouses would all be screened from the
vertical emission of light in a manner identical to that of the existing
on the greenhouses constructed in 1990.
2. The parcel on which the new greenhouses are proposed is one of three owned
by the Len Busch firm. A second parcel, lying to the northeast, and
consisting of 20 acres is the location of another greenhouse complex of
about the same size. The third parcel, lying north of the subject parcel,
of approximately 80 acres remains open agricultural land. A home is also
located on the subject parcel.
see next page)
Page Two
File 91043
3. The subject parcel is located in the Elm Creek Watershed District and
contains no existing or planned hydrological features, including flood
plain or storm water ponding. The site is not within a Shoreland Overlay
District nor is it a part of a DNR designated protected wetland. The
north central portion of the site appears to include an area of Federally
regulated wetland. No woodlands of significance nor slopes over 12
percent appear on the site.
A portion of this site, related to the area previously identified as a
potential Federal wetlands is found to be unsuitable for either
agricultural development or urban development, with or without public
water and sewer. With this noted constraint, the site is generally suited
for development.
The proposed additions to the greenhouse. facility, based on recent aerial
photos of the site, do not appear to conflict with what remains of the
wetland area in the north central portion of the site. It appears that
filling this wetland area has taken place prior to the time the aerial
photos were taken in May, 1989. No further encroachment on existing
physical site constraints will take place as a result of the additions
here proposed.
4. The Development Review Committee has reviewed the limited Site Plan
information that has been submitted together with this application for
compliance with those City Codes, Standards and Policies that would be
applicable for development of this type of structure for this type of use
in the FRD District. The absence of public utilities serving this site
either now or in the foreseeable future results in certain public utility
items normally reviewed during the DRC process not appearing on the Site
Plan Graphics. The site is located in the Elm Creek Sanitary Sewer
District and does not have access to sewer under construction to serve
land south of Medina Road.
The applicant and his engineer have been supplied the checklists for Site
Plan submission but have not addressed such factors as site landscaping,
trash containment, or offstreet parking with their Site Plan graphics.
5. With respect to Zoning Ordinance setback provisions for structures, the
proposed additions to the greenhouse facility meet or exceed all Zoning
Ordinance provisions related to nonresidential uses in the FRD Zone. The
minimum lot width of 500 feet is not met with respect to the westerly
portion of the subject lot, but this being a Lot of Record, no variances
are required.
Ground coverage for structures on this parcel is currently 15.02 percent
and would become 19.17 percent with the additions proposed by this Site
Plan application. Maximum lot coverage by structures in the FRD District
is 20 percent. No additional structures could be constructed on this
parcel in compliance with Zoning Ordinance standards with regard to
coverage.
see next page)
Page Three
File 91043
PLANNING STAFF COMMENTS:
1. Except with respect to the Site Plan data and information that is not
supplied, we find the proposed Site Plan to be consistent with the
standards of the City Ordinance and Policies.
RECOMMENDATION:
I recommend the Planning Commission initially make a finding as to the
propriety of the proposed site improvements - or lack of improvements, such as
paving and landscaping. Does the FRD status and the current lack of public
utilities constitute sufficient basis for site development to standards less
than required in the urbanized part of the City?
If the level of proposed site improvements is found to be adequate for this
situation at this time, I then recommend adoption of the attached draft
resolution providing for the approval of the Site Plan for Len Busch Roses to
construct a 62,543 square foot addition to the existing greenhouse facility
located north of Medina Road and west of County Road 101.
Submitted by:
Cha s E. Dille
ATTACHMENTS:
1. Resolution Approving Site Plan
2. Engineer's Memo
3. Resolution 90 -778
4. Lighting Agreement
5. Location Map
6. Site Graphics
pl /jk/91043)
y Development Coordinator
APPROVING SITE PLAN AMENDMENT FOR LEN BUSCH ROSES FOR CONSTRUCTION OF FOUR
ADDITIONAL GREENHOUSES LOCATED NORTH OF MEDINA ROAD, WEST OF COUNTY ROAD 101
91043)
WHEREAS, Len Busch Roses has requested approval for an Amended Site Plan for
the construction of four additional greenhouses totalling 62,543 square feet
located north of Medina Road, west of County Road 101; and,
WHEREAS, the Planning Commission has reviewed said request 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 Len
Busch Roses for an Amended Site Plan for the construction of four additional
greenhouses located north of Medina Road, west of County Road 101;
1. Compliance with the City Engineer's Memorandum.
2. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures on sites adjacent to, or containing any open storm
water drainage facility.
3. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
4. Compliance with the Ordinance regarding the location of fire lanes.
5. All waste and waste containers shall be stored within the enclosure or
structure, and no outside storage is permitted.
6. An 8h x 11 inch "As Built" Fire Protection Plan shall be submitted prior
to the release or reduction of any site improvement bonds per City Policy.
7. Compliance with applicable conditions of Resolution 90 -355 (Original Site
Plan) and 90 -778 (Lighting Agreement).
res /pc/91043)
City of Plymouth
E N G I N E E R' S M E M O
to
Planning Commission & City Council
DATE: July 17, 1991
FILE NO.: 91043 .
PETITIONER: Mr. Len Busch, Len Busch Roses, 4045 County Road 101, Plymouth, MN
55446
SITE PLAN: GREENHOUSE ADDITION
LOCATION: North of Medina Road, west of County Road 101 in Section 18.
N/A Yes No
1. _ _ X Watermain area assessments have been levied based on proposed use.
2. _ _ X Sanitary sewer area assessments have been levied based on proposed
use.
3. _ X 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 Area assessments will be levied when
this Parcel is included in MUSA boundary.
5. Other additional assessments estimated: See Item No. 4.
LEGALIEASEMENTSI EPRMITS
N/A Yes No
6. _ X _ Property is one parcel -
The approval of the site plan as proposed requires that a lot
consolidation be approved by the City Council and the necessary
resolution should be processed at the same time as the site plan
approval.
N/A Yes No
7. X{ _ _ Complies with standard utility /drainage easements -
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.) Standard drainage and utility easements will be
required with any subdividing of the property or with the final
plat,
8. X _ _ Complies with ponding 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.
9. _ X All standard utility easements required for construction are
provided -
The following easements will be required for construction of
utilities.
N/A Yes No
10. X All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way
to facilitate the development. It should be noted that this
vacation is not an automatic process in conjunction with the
platting process. It is entirely dependent upon the City receiving
a petition for the vacation from the property owner; therefore, it
is their responsibility to submit a petition as well as legal
descriptions of easements proposed to be vacated.
11. X _ _ The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
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.
SPAT
N/A Yes No
12. _ X _ All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MN DOT
Hennepin County
MPCA
State Health Department
Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
13. XX _ _ Complies with Storm Drainage Plan -
The site plan will be submitted to the City's consulting engineer
for review to see if it is in conformance with the City's
Comprehensive Storm Drainage Plan. All of their recommendations
shall be incorporated in a revised plan. The grading and drainage
plan shall also indicate proposed methods of erosion control,
including the placement of silt fence in strategic locations.
Additionally, the following revisions will be necessary:
N/A Yes No
14. X _ _ Necessary fire hydrants provided -
15. X
16. X --
The City of Plymouth requires that all parts of a building such as
the one proposed be within 300 feet of a fire hydrant. It will be
necessary to locate hydrants in such a manner that the site plan
complies with this section of the City Ordinance.
Size and type of material proposed in utility systems has been
provided
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services
and storm sewer.
Post indicator valve - fire department connection
It will be necessary to locate the post indicator valve in such a
manner that it will not render any of the existing fire hydrants
inoperable.
3-
N/A Yes No
17. X _ _ Hydrant valves provided -
All new fire hydrants shall be valved with 6" gate valves per City
Engineering Guidelines Detail Plate No. W -2. This plate should be
referenced on the site plan.
18. X _ _ Sanitary sewer clean -outs provided -
It will be necessary to provide clean -outs on the proposed internal
sanitary sewer system at a maximum of 100 foot intervals.
19. X _ _ Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection of
and
N/A Yes No
20. _ X _ All existing street right -of -ways are required width -
Additional right -of -way will be required on
21. X _ _ Complies with site drainage requirements -
The City will not permit drainage onto a City street from a private
parking lot; therefore, the site plan shall be revised accordingly.
4-
N/A Yes No
22. X _ Curb and gutter provided -
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.
23. X _ _ Complies with parking lot standards -
The City will require 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 100X 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 100X crushed base and two inch bituminous mat. The site
plan shall be revised to indicate compliance with these
requirements.
N/A Yes No
24. X It will be necessary to contact Bob Fasching, the City's utility
foreman,
24 hours in advance of making any proposed utility connections to
the City's sanitary sewer and water systems. The developer shall
also be responsible for contacting Jim Kolstad of the Public Works
Department for an excavating permit prior to any digging within the
City's right -of -way. All connections to the water system shall be
via wet tap.
25. X The City will require reproducible mylar prints of sanitary sewer,
water service and storm sewer As- Builts for the site prior to
occupancy permits being granted.
26. X The site plan complies with the City of Plymouth's current
Engineering Standards Manual.
5-
27. A.
Submitted b 7
Daniel L. Faulkner, P. E.
11r.11
City Engineer
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular meeting
of the City Council of the City of Plymouth, Minnesota, was held
on the 10th day of December , 199Q.. The following members
were present: Mayor Beraman, Councilmembers Helliwell, Ricker.
The following members were absent:
Co n_ci_1member Zitur introduced the following Resolution
and moved its adoption:
RESOLUTION NO. 90 -778
LEN BUSCH ROSES, INC. - LIGHTING AGREEMENT
WHEREAS, the City Council has previously approved a site plan for
Len Busch, d /b /a Len Busch Roses, Inc., to further expand his
business of growing commercial flowers by Resolution No. 90 -355;
and
WHEREAS, said resolution established certain conditions, two of
which were: "12. Effective screening and /or lighting schedules
shall be implemented with the new greenhouses so that no light
produces glare beyond the boundaries of the property. 13. The
petitioner shall submit by September 1, 1990, a detailed schedule
and plan for the abatement of the light emitted from existing
buildings by September 1, 1993, so that no glare is produced and
no new greenhouses shall be constructed on the site until such
plan has been approved by the City Council. "; and
WHEREAS, the City staff and Mr. Busch have previously met to
develop an agreement which would address the conditions outlined
above; and
WHEREAS, the City Council on November 5, 1990 further directed
the City Manager and the City Attorney to meet with Mr. Busch and
seek to resolve differences in order that an agreement could be
negotiated between the parties; and
WHEREAS, the City Manager in his report dated December 7, 1990,
reported on those negotiations and submitted an agreement for
consideration by this Council.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that the agreement negotiated
between Len Busch, dba Len Busch Roses, Inc., and the City of
Plymouth, is hereby approved as meeting the Council's conditions
12 and 13 in Resolution No. 90 -355; and
FURTHER, that the City Manager and Mayor are authorized and
directed to execute the agreement on behalf of the City of
Plymouth.
1 n
12/10/90
THIS AGREEMENT is entered into this day of it
1990 between the CITY OF PLYMOUTH ( "City" ) and LEN BUSCH ROSES,
INC. ( "Len Busch Roses ") .
RECITALS:
1. Len Busch Roses has conducted a greenhouse operation on
the property located at 4045 Highway 101 ( "Property ") in the City
since 1965. As part of the greenhouse operation, Len Busch Roses
uses special high intensity lights..c._assist in the growing
process. Exhibit A to this Agreement is a schematic of the
property depicting the number and location of the greenhouses.
Nearby neighbors and property owners have objected to the use of
the special high intensity lights because of the effect on their
property.
2. Pursuant to City Resolution 90 -355, Len Busch Roses has
received approval of a site plan for two additional greenhouse
structures (Nos. 15 and 16) on the Property.
3. One of the conditions of the site plan approval was
that Len Busch Roses submit a detailed schedule and plan for
abatement of the reflected light emitted from" the greenhouse
operation.
4. That the existing technology for screening greenhouses
uses a fabric that may damage the acrylic panels used in the
greenhouses of Len Busch Roses.
5. The City and Len Busch Roses enter into this Agreement
to set forth the respective rights of the parties concerning
implementation of said plan.
1. Len Busch Roses installed retractable, aluminum, opaque
screens inside the two greenhouses that were approved by the City
pursuant to Resolution 90 -355 (greenhouses 15 and 16). The
purpose of the screens is to block reflected light from leaving
the greenhouses, particularly from the roof or sidewalls. The
screen may be retracted during daylight hours but must be drawn
shut during the night time to keep light from reflecting outside
the greenhouses. The estimated cost of installing these screens
was $40,000.
2. By December 31, 1990, or as soon thereafter as the City
Council shall schedule, Len Busch Roses will meet on site with
the City Council and area property owners to evaluate the
effectiveness of the screening of greenhouses 15 and 16 and the
proposed screening of additional greenhouses.
1
As part of the evaluation process, Len Busch Roses first
will shut off the lights in buildings 11 through 14 to simulate
screening of those buildings and an assessment of the light
reduction will be made.
If the existing screening of buildings 15 and 16 and the
blackout of buildings 11 through 14 is deemed insufficient light
reduction, then Len Busch Roses will shut off the lights in
buildings 7 through 10 to simulate the screening of those
buildings and a further assessment of the light reduction will be
made. If the City Council decides that buildings 7 through 10
must be acreened, the screening scheduled will be accomplished as
set forth in paragraph 3.
The purpose of the evaluation is to determine the
effectiveness of screening of the reflected light from the two
screened greenhouses, as well as the effectiveness of the
curtaining material and the effectiveness of proposed screening
of additional buildings.
3. By October 15, 1991, Len Busch Roses will screen, in a
fashion similar to greenhouses 15 and 16, greenhouses 11, 12, 13,
and 14.
If required in accordance with paragraph :2 of this
Agreement, Len Busch Roses will screen buildings "7, -8, 9, and 10
by October 15, 1992.
4. Len Busch Roses will also install screening along
Medina Road consisting of berming, landscaping, and /or fencing
pursuant to Resolution No. 90 -355, to partially block the view of
the greenhouses from Medina Road. Before constructing the
screening, Len Busch Roses will obtain City approval of his
plans.
The City agrees to provide to Len Busch Roses, to the extent
available to the City, the necessary fill to construct a berm as
contemplated herein from the material taken from Medina Road in
the contemplated reconstruction of that roadway. The fill will
be provided to Len Busch Roses at no cost.
5. The Council and Len Busch Roses mutually acknowledge
that with the screening of greenhouses 11 through 16, as well as
greenhouses 7 through 10, if required, as well as screening of
any new greenhouses, the reflected light will be reduced to
conditions existing in 1985 which was prior to the construction
and lighting of the greenhouses referred to above.
6. The City and Len Busch Roses agree to exercise good
faith in implementing the terms of this Agreement. The City will
not approve any future expansion of greenhouses on the Property
if at any time Len Busch roses is in default of this Agreement.
7. If the screening material placed in any of the
greenhouses is determined by Len Busch Roses to damage the
acrylic panels, and the City Council agrees that such damage
cannot reasonably be mitigated, or that alternative screening.is
not available, then it is understood that the screening may be
removed and that Len Busch Roses will not use any high intensity
lights to assist in the growing process in those greenhouses
where the screening is removed. If alternative screening
material is available, Len Busch Roses and the City Council shall
mutually agree as to its suitability to effectively block
reflected light from leaving the greenhouse.
8. Any breach of this Agreement by either party may be
enforced by the other party seeking equitable judicial relief in
order to specifically enforce the provisions of this Agreement.
9. Nothing in this Agreement is intended to be a waiver by
the City of its right to declare the use of the lights or the
greenhouse operation to be a nuisance and to abate it in
accordance with applicable provisions of law.
IN WITNESS WHEREOF, the parties have hereunto set their
hands the day and year first above written.
CITY OF - PLYMOUTH
By
Mayor
Its
City Manager
LEN BUSCH ROSES, INC.
By
Leonard A. Busch
w ,
9164"A I [%v.1M-,l 0 1 M Fil no
Li
A -
Z
cr
cc
wL
0.
to
U)
Ld
U)
0 < cr
U.
w
z
w z
cr cy
CY
SD
7 Z0CO =)
0wmzU
0 Z
U
Z(.) (L
w
LLI w
cr
z
n Z
w izw
U 2
IL--a-2L
Za
14.
00
cr
LLI
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: July 10, 1991 COMMISSION MEETING DATE: July 24, 1991
FILE NO.: 91059
PETITIONER: Caliber Development Corporation
REQUEST: LOT DIVISION /LOT CONSOLIDATION AND VARIANCE REQUEST FOR
CHESHIRE BUSINESS CENTER FOR A ONE FOOT SETBACK FROM THE
SIDE AND REAR LOT LINE TO DRIVES, A 3.5 FOOT SETBACK FROM
THE SIDE AND REAR LOT LINES TO PARKING, AND A 30 FOOT
SETBACK FROM THE REAR PROPERTY LINE TO THE BUILDING.
LOCATION: 2600 Fernbrook Lane
GUIDE PLAN CLASS: IP (Planned Industrial)
ZONING: I -1 (Planned Industrial District)
BACKGROUND:
On October 9, 1973, by Resolutions 73 -386, 73 -387 and 73 -388, the City Council
approved a Conditional Use Permit for an anodizing plant (Aacron Company on
Cheshire Lane), a 36,000 square foot addition onto an existing building, and a
lot division /lot consolidation for the east part of this site.
On December 7, 1989, Administrative Approval was granted for 23,000 square
foot industrial warehouse building, and on February 26, 1990, by Resolution
90 -147, the City Council approved a lot consolidation of two lots adjacent to
Fernbrook Lane on a portion of the west part of this site.
On May 21, 1990, Administrative Approval was granted for a 32,000 square foot
addition to the previously approved 23,000 square foot structure on the west
part of this site.
A courtesy notice regarding the application under consideration has been
mailed to all adjoining property owners within 100 feet.
PRIMARY ISSUES AND ANALYSIS:
1. The applicant proposes a concurrent lot division /consolidation to delete a
32,980 portion of the west parcel (Parcel A) and add that amount to the
east parcel (Parcel B). All land is not a part of the Industrial Park 494
recorded plat.
2. As a result of the lot division /consolidation action the existing
structure and parking facilities on Parcel A will become noncompliant with
the Zoning Ordinance with respect to minimum setbacks as follows:
a. Side setback from drive to property line of 1.0 feet versus the
ordinance standard of 15 feet.
see next page)
Page Two
File 91059
b. Side and rear setback of parking to the property line of 3.5 feet
versus the ordinance standard of 20 feet.
c. Rear yard setback from building to property line of 30 feet versus the
ordinance standard of 35 feet.
3. The applicant (John Lavander of Caliber Development) states that the lot
division /consolidation and the resulting request for variance are to
transfer the ownership (and resulting liability) for the existing wetland
area (DNR protected) that covers the southeast corner of Parcel A and the
southwest corner of Parcel B from Caliber Development to Aacron (see
attached).
4. A National Pollutant Discharge Elimination System Program Permit was
issued by the Minnesota Pollution Control Agency in 1979 authorizing
discharge of noncontact cooling water for an average rate of approximately
864,000 gallons per day from the Aacron facility to this wetland area on
the condition that the discharge not exceed 60 degrees Fahrenheit. The
permit still is in force.
5. Section 500.37 of the City Code (the Subdivision Ordinance) permits the
division and consolidation of lots which are part of a recorded plat to be
approved by the City Council without preparation of a formal Final Plat.
A recommendation of the Planning Commission regarding such lot
consolidations /divisions is required as a matter of practice.
6. The Zoning Ordinance provides for six criteria to be found by the Planning
Commission and City Council before any Zoning Ordinance Variance may be
granted. A copy of those six criteria and the applicant's response is
attached to this staff report.
PLANNING STAFF COMMENTS:
1. The lot division /consolidation proposed is consistent with the standards
of Section 500.37 of the City Code regarding the division and
consolidation of platted lots.
2. A unique situation may exist with respect to these sites where the cooling
water from one site responsive to a MPCA Permit is allowed to drain into a
pond partially located on another property.
3. We find the variances, as long as the DNR protected wetland continues to
exist, will effectively remain "transparent" with respect to the physical
features of the site. No physical construction could take place in close
proximity to the property lines to which the setback variances are
requested now or in the future without elimination of the DNR protected
wetland. Even if the discharge from the Aacron facility would be
discontinued, wetlands would remain by DNR definition at this location and
be supported by the storm water runoff from the adjoining sites. The
probability that the DNR wetland would be eliminated is slight.
4. We find the requested variances on the whole, comply with the Zoning
Ordinance variance criteria.
Page Three
File 91059
RECOMMENDATION:
I hereby recommend adoption of the attached resolution providing for the
approval of the lot consolidation /division and a resolution setting conditions
prior to recording of the lot consolidation /division and granting Zoning
Ordinance variances a equested.
cx nSubmittedby:
Charl E. DiFlIerud, Community evelopment Coordinator
ATTACHMENTS:
1. Resolution Approving Lot Consolidation /Division
2. Resolution Setting Conditions and Granting Zoning Ordinance Variances
3. Resolution Approve Site Plan Amendment
4. Engineer's Memo
5. Zoning Variance Criteria
6. Petitioner's Narrative
7. Location Map
8. Site Graphics
pc /jk/91059)
APPROVING LOT DIVISION /CONSOLIDATION FOR CALIBER DEVELOPMENT COMPANY FOR
CHESHIRE BUSINESS CENTER LOCATED AT 2600 FERNBROOK LANE (91059)
WHEREAS, Caliber Development has requested approval for a lot
division /consolidation for Cheshire Business Center for the creation of two
lots located at 2600 Fernbrook Lane;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the lot
division /consolidation for Caliber Development for Cheshire Business Center
located at 2600 Fernbrook Lane;
EXISTING LEGAL DESCRIPTIONS
PARCEL A
Lot 4 and Lot 5, Block 1,
Minnesota.
PARCEL B
Lot 6 and Lot 7, Block 1,
Minnesota.
Industrial Park 494, Hennepin County,
Industrial Park 494, Hennepin County,
To be divided and consolidated as follows:
PARCEL A
Lot 4 and Lot 5, Block 1, INDUSTRIAL PARK 494, according to the recorded
plat thereof, Hennepin County, Minnesota, except that part of said Lot 5,
described as follows:
Beginning at the southeast corner of said Lot 5; thence on an assumed
bearing of South 89 degrees 55 minutes 00 seconds West, along the south
line of said Lot 5, a distance of 57.84 feet; thence North 40 degrees 57
minutes 53 seconds West 68.75 feet; thence North 49 degrees 00 minutes 54
seconds West 47.70 feet; thence North 19 degrees 38 minutes 45 seconds
West 48.16 feet; thence North 02 degrees 16 minutes 59 seconds West 29.64
feet; thence North 18 degrees 05 minutes 36 seconds West 38.26 feet;
thence North O1 degrees 27 minutes 48 seconds West 35.70 feet; thence
North 39 degrees 36 minutes 54 seconds East 39.37 feet; thence North 84
degrees 32 minutes 33 seconds East 39.70 feet; thence South 53 degrees 23
minutes 05 seconds East 68.62 feet; thence South 78 degrees 59 minutes 54
seconds East 50.30 feet to the intersection with the east line of said
Lot 5; thence southerly along the east line of said Lot 5, a distance of
213.72 feet to the point of beginning.
PARCEL B
Lot 6 and 7, Block 1, and that part of Lot 5, Block 1, INDUSTRIAL PARK
494, according to the recorded plat thereof, Hennepin County, Minnesota,
described as follows:
Page Two
File 91059
Beginning at the southeast corner of said Lot 5; thence on an assumed
bearing of South 89 degrees 55 minutes 00 seconds West, along the south
line of said Lot 5, a distance of 57.84 feet; thence North 40 degrees 57
minutes 53 seconds West 68.75 feet; thence North 49 degrees 00 minutes 54
seconds West 47.70 feet; thence North 19 degrees 38 minutes 45 seconds
West 48.16 feet; thence North 02 degrees 16 minutes 59 seconds West 29.64
feet; thence North 18 degrees 05 minutes 36 seconds West 38.26 feet;
thence North 01 degrees 27 minutes 48 seconds West 35.70 feet; thence
North 39 degrees 36 minutes 54 seconds East 39.37 feet; thence North 84
degrees 32 minutes 33 seconds East 39.70 feet; thence South 53 degrees 23
minutes 05 seconds East 68.62 feet; thence South 78 degrees 59 minutes 54
seconds East 50.30 feet to the intersection with the east line of said
Lot 5; thence southerly along the east line of said Lot 5, a distance of
213.72 feet to the point of beginning.
Except that part of the South 180 feet of Lot 6, Block 1, Industrial Park
494, Hennepin County, Minnesota, lying Easterly of the following
described line: Commencing at the Southeast corner of said Lot 6 on an
assumed bearing North 89 degrees 55 minutes East a distance of 57.92 feet
to the point of beginning of a line to be described; thence North 22
degrees 13 minutes 32 seconds East a distance of 105.00 feet; thence
Northerly a distance of 88.77 feet along a tangential curve, concave to
the West, having a radius of 223.91 feet and a central angle of 22
degrees 43 minutes 00 seconds and said line there terminating.
FURTHER, that the City Manager be authorized to make the necessary special
assessment corrections based upon City Policy when the division /consolidation
is approved by Hennepin County.
res /pc/91059)
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT '
DIVISION /CONSOLIDATION FOR CALIBER DEVELOPMENT COMPANY FOR CHESHIRE BUSINESS
CENTER LOCATED AT 2600 FERNBROOK LANE (91059)
WHEREAS, the City Council has approved a lot division /consolidation and
variance for Caliber Development for the creation of two lots in Cheshire
Business Center located at 2600 Fernbrook Lane;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does direct the following
conditions to be met prior to recording of, and related to said lot
division /consolidation:
1. Compliance with the City Engineer's Memorandum.
2. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures on sites adjacent to, or containing open storm water
drainage facilities.
3. Submittal of all necessary utility easements for approval by the City
prior to filing this action with Hennepin County; and, filing of such
easements concurrent with filing this action.
res /pc /91059.sc)
APPROVING SITE PLAN AMENDMENT FOR CALIBER DEVELOPMENT COMPANY FOR CHESHIRE
BUSINESS CENTER LOCATED AT 2600 FERNBROOK LANE (91059)
WHEREAS, Caliber Development Company has requested a Site Plan Amendment for
the deletion of 32,980 square feet from the site and approval of setback
variances for the Cheshire Business Center located at 2600 Fernbrook Lane;
WHEREAS, Site Plans were approved administratively for this parcel on December
7, 1989 and May 21, 1990;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve a Site Plan
amendment and Zoning Ordinance Variance for Caliber Development Company
related to the deletion of 32,980 square feet from the site, subject to the
following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Compliance with all applicable conditions of the Administrative Approval
letters of December 7, 1989 and May 21, 1990.
3. Approved variances are:
a. Side setback from drive to property line of 1.0 feet versus the
ordinance standard of 15 feet.
b. Side and rear setback of parking to the property of 3.5 feet versus
the ordinance standard of 20 feet.
c. Rear yard setback from building to property line of 30 feet versus the
ordinance standard of 35 feet.
Approval is based on compliance with Zoning Ordinance Variance
Criteria.
res /pc /91059.sc)p.2
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: July 17, 1991
FILE NO.: 91059
PETITIONER: Mr. John Levander, Caliber Development Cororation, 14405 21st
Avenue North, Plymouth, MN 55447
LOT DIVISION /CONSOLIDATION: PARCELS 22- 118 -22 -33 -0006, 0007 AND 0013
LOCATION: East of Fernbrook Lane, north of 25th Avenue. west of Cheshire
Lane in the southwest 1/4 of Section 22
N/A Yes No
1. _ -I-- _ Watermain area assessments have been levied based on proposed use.
2. _ X Sanitary sewer area assessments have been levied based on proposed
use.
3. _ X SAC and REC charges will be payable at the time building permits are
issued.
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 Lot Division /Consolidation approval:
4. Area assessments: None.
5. Other additional assessments estimated: None.
6. _ _ -X- Complies with standard utility /drainage easements -
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.) A ten foot drainage and utility easement shall be provided
along Cheshire Lane and a six foot drainage and utility easement
along the north line of Pacel B.
N/A Yes No
7. _ _ X Complies with ponding 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 Drainage Plan. Drainage easement for ponding shall be
provided to an elevation of 946.0 over Parcel for the DNR pond along
the south property line.
S. X _ _ Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots:
9. X _ All standard utility easements required for construction
The following easements will be required for construction of
utilities
10. X All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way to
facilitate the development. This vacation is not an automatic
process in conjunction with the platting process. It is entirely
dependent upon the City receiving a petition for the vacation from
the property owner; therefore, it is their responsibility to submit a
petition as well as legal descriptions of easements proposed to be
vacated.
11. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
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.
12. _ X _ All existing street rights -of -way are required width -
Additional right -of -way will be required on
Submitted by:
Daniel L. Faulkner, P. E.
City Engineer
2
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.
5. That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements 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
JUN f. ` 1991
rC
t/ Y ` ` = VAR (ANCE REQUESTS ' JTH
COMM vlT 'V I_"'1 i riance relates to an existing dev loped site, part ofeprpo
which consists of a nNR- protected wetland. The ntire wetland area
on the site, which is approximately one acre, is encumbered by a
drainage and ponding easement in favor of the City of Plymouth.
Currently, the property owner to the north has t ao non -- contact
cooling water discharge lines that discharge cle n water into the
DNR wetland located partially in the applicant's''property. This
discharge has occurred for more than ten years.
In securing permanent financing for the applican'
the building was completed and occupied, the lent.
the non - contact cooling water discharge on to th+
property be eliminated.. In part because of the
discharge, it was impossible to force the adjoin
cease its discharge. Moreover, it was understoo)
of this clean water has been beneficial to the C:
flows into Parkers Lake and has supported the lai
drought years. Finally, the bNR- protected statul
the City's drainage easement prevented the applil
the topography to stop the discharge from flowinl
property. I
is property after
er required that
applicant's
Iong history of the
ng landowner to
that the discharge
ty, in that it
ice level over past
of the wetland and
ant from altering
over his
As a consequence, the only way to obtain financi g for the
applicant's property was to sever the wetland ar a from the
applicant's property and deed it to the owner of'the adjoining
property. The owner of that northern property h s agreed to accept
title to the wetland area. In the context of P1 outh's zoning
requirements, this is proposed by means of a lot division and then
consolidating the wetland area with the adjoining parcel to thenorth. I
Because of proximity of the wetland area to the uilding, parking
lot and drive aisle, the lot division will resul in the need for
several variances. It is important to note that .!the variances
relate to existing improvements and therefore wi 1 have no impact on
other parcels. That is, the improvements as they exist today willnotbealtered. Furthermore, legal and physical limits will prevent
construction in the wetland area, so it will continue to act as a
buffer and green area between the structures and improvements on the
adjoining parcels. ,
The proposed variances are as follows:
Zoning Proposed
1. Side and rear lot line setback to drive .15 feet 1.0 feet
2. Side and rear yard setback of parking
to lot line 20 feet 3.5 feet
3. Minimum real yard setback to building 135 feet 30 feet
t
3
1051
Based on the evaluation criteria for variances,
she
following
comments are offered!
1. The topography of the site, particularly as.defined by the DNR
wetland, and the long term, pre- existing presencb of the discharge
lines on the adjoining property represent a hardship to the site.
2. The hardship predated the applicant's ownerpip interest in the
parcel. e
3. The existing non -- contact cooling water disc arge from the
adjoining parcel constitutes a condition unique o this parcel of
land for which the variance is requested.
4. Because of legal and physical limitations o construction in
the wetland area, the wetland area will continue to serve as a
buffer despite the fact that it is to be deeded o the adjoining
property owner.
S. The variance has no impact on the parcel's alue. The site is
developed, and no additional development is prop sed if the variance
is granted. Therefore, the value of the parcel s not increased.
6. Because the variance is for an existing con ition, and no new
development is proposed, granting the variance will (a) not be
detrimental to the public welfare or injurious t other land or
improvements in the neighborhood nor (b) will it impact the supply
of light and air to the applicant's parcel or to adjoining parcels.
7. The only adjoining property owner who might be adversely
affected by the variance is the adjoining owner o the north who has
agreed to accept title to the wetland area and h s consented to the
granting of these variances. ;
7154W
WORTH,
JUN 21 1991
CITY OF- PLYMOUTH
COMMUNITY DEVELOPMENT DEPT
Ip ONA
ll d MINX
T
1
T•
llzap - - -- - - -
i m fizz I -
7-.
6.3t I
ELL,
I s i4112, Ete
V3
LANE
C04F
ry
11 T.F J? j
L
14L4
L4
J
N. J.
r
A:!
FERNBROOK LANE
PARK 'R
i-F54-:1 2!-9) tr•';-
o W
Ltj
It
I
LM
a
I
0 HE 1Y C V 9UILDING
2e
zfl
FERNBROOK LANE
PARK 'R
i-F54-:1 2!-9) tr•';-
o W
Ltj
It
I
LM
a
I