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HomeMy WebLinkAbout1998-06-09 PACKET 03.✓ • ♦ � �� RESOLUTION NO. 98-XXX A RESOLUTION GRANTfNG A VARIANCE TO SECTION 28-66 OF THE MUNICIPAL CODE TO PERMIT CONSTRUCTION OF LOADING DOCKS ALONG THE SiDE OF A BUILDING FACING A PUBLIC STREET FOR RENEWAL BY ANDERSEN WHEREAS, Jim Stoker of Corporate Real Estate, Inc. has filed a variance • application to permit construction of loading docks on the south side of the building. The variance pertains to Section 28-66 of the Municipal Code relating to performance standards in Industrial Districts. The property is legally described as follows: That part of the Southwest Quarter of Section 21 lying south of 95th Street South and west of Jamaica Avenue. That part of the Southwest Quarter of Section 21 lying east of Jamaica Avenue except part to City of Cottage Grove. That part of the Northwest Quarter of Section 21 lying south of the Milwaukee Road Railroad. and east of Jamaica Avenue. That part of the West 47 feet of the West Half of the East Half of Section 21 lying south of the Milwaukee Road Railroad. A11 in Township 27 North, Range 21 West, Washington County, Minnesota. GeneraNy located on approximately 30 acres of land located northwest of the Jamaica Avenue South and 100th Street South intersection; Cottage Grove, Washington County, Minnesota. WHEREAS, the applicant has proposed loading docks on the south side of the building facing 100th Street South; and :� _ �t Resolution No. 98-XXX Page 2 • WHEREAS, the property is bounded by 100th Street on the south, Jamaica Avenue on the east, and the future 97th Street on the north; and WHEREAS, the Planning Commission conducted a public hearing on June 8, 1998; and WHEREAS, no testimony was received in opposition to the variance; and WHEREAS, the Planning Commission reviewed the criteria and findings established by the Zoning Ordinance for granting a variance. A summary of this criteria is as follows: 1) It must be determined that there are unique conditions that apply to the stru�ture or land in question that do not generally apply to other land or structures in the same district; 2) That granting a variance must not merely serve as a convenience to the applicant but must be necessary to alleviate a demonstrable hardship or difficulty from the City's ordinances; and 3) Granting the variance must not impair health, safety, comfort, or morals, or in any respect, or be contrary to the intent of the Zoning Ordinance or the C�mprehensive Plan. The City may impose conditions and safeguards in granting any variance. WHEREAS, the Planning commission, by a unanimous vote, recommended to the City Council that a variance for the construction of loading docks along the side of a • building facing a public street shall be granted based upon the following: 1. The property is bounded on three sides by public right-of-way. 2. The expansion to the structure will occur on the west side of the building and therefore would not be conducive to loading docks. 3. The applicant proposes to adequately screen, by berming and landscaping, the loading docks to mitigate public views, meeting the intent of the ordinance. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota concurs with the Planning Commission's findings that the variance application is hereby granted as follows: a) A variance to Section 28�6(2)(m) not allowing loading docks facing a public street. BE IT FURTHER RESOLVED, that approval of these variances is subject to the following conditions: 1. The southern berms be generally 10 to 14 feet in height but no less than 8 � feet. The bermed area between the eastem drive aisle and staging area shall be at least 10 feet in height. ; rs� , ti � Resolution No. 98-XXX Page 3 2. Additional landscape materiais be added on the berms or open areas immediately adjacent to the dock area. 3. Long term parking of trailers or exterior storage within the designated staging area is prohibited. Passed with a vote of to this 9th day of June, 1998. John D. Denzer, Mayor � �J Attest: Caron M. Stransky, City Clerk V98-19 RESOLUTION.doc C�