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HomeMy WebLinkAboutResolution 2024-109 Approving Variance for Domino'sCity of Corcoran September 26, 2024 County of Hennepin State of Minnesota RESOLUTION NO. 2024-109 Page 1 of 5 Motion By: Nichols Seconded By: Vehrenkamp A RESOLUTION APPROVING THREE VARIANCES FOR “DOMINO’S” ON THE PROPERTIES LOCATED AT THE NORTHWEST CORNER OF COUNTY ROAD 50 AND COUNTY ROAD 10 (PID 23-119-23-43-0004 & 23-119-23-43-0003) (CITY FILE NO. 24-027) WHEREAS, Strack Construction, Co. Inc. (“the applicant”) requests approval of a site plan, conditional use permit, and lot consolidation to develop a Domino’s preliminary plat for 60 residential lots, 1 amenity lot, and 5 outlots on property described as follows: See Attachment A WHEREAS, the applicant also requested approval of three variances from the underlying district standards, performance standards, and the sign standards; WHEREAS, the Planning Commission reviewed the request at a duly called Public Hearing, and; NOW, THEREFORE, BE IT RESOLVED that the Corcoran City Council approves the request for three variances subject to the following findings and conditions; 1. The requested variance from Section 1040.030, Subd. 8 to allow a 30’ front setback from County Road 50, and a 51’ front setback from County Road 10, and the request variance from Section 1060.060, Subd. 4 to allow 5’ parking and drive aisle setback is approved based on the following findings: a. That there are practical difficulties in complying with the Zoning Ordinance. The applicant requests flexibility from the minimum front setback along major roadways. At its widest point, the setbacks for both County Roads overlap one another and engulf the site. b. That the conditions upon which a petition for a variation is based are unique to the parcels of land for which the variance is sought and were not created by the landowners. The subject property on a 0.52 acre site that is bordered by County Road 50 to the south and County Road 10 to the north. These constraints result in a lot design and structure placement restrictions that are unique to the project boundaries. c. That the granting of the variation will not alter the essential character of the locality. The variation will allow the applicant to develop a commercial use on the site which is consistent with the previous uses on the site. d. The proposed variance would be in harmony with the general purposes and intent of the ordinance. The intent of the C-1 district is to provide establishment of single and multi-use commercial buildings at major intersections. The request would allow the applicant to develop a commercial restaurant at the intersection of two county roads, which is consistent with the purpose and intent of the ordinance. City of Corcoran September 26, 2024 County of Hennepin State of Minnesota RESOLUTION NO. 2024-109 Page 2 of 5 e. The variance is consistent with the Comprehensive Plan and re-establishes a commercial use on the site. f. As a mitigation for minimal setbacks, the vinyl wrap around the outdoor cooler must be replaced every three-to-five-years with the design being developed in collaboration with the City of Corcoran. 2. The requested variance from Section 1060.060, Subd. 12(B) to allow a drive-through lane between the building and a lot line that faces a public street is approved based on the following findings: a. That there are practical difficulties in complying with the Zoning and Subdivision Ordinance standards. The site only has one lot line that does not face a public street. Due to the access point on the site, installing a drive-through lane on that side of the lot would result in either vehicle headlight screening issues or vehicle queuing issues. b. 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 were not created by the landowner. The subject property only has one internal boundary line and is bordered by County Roads on all other boundary lines. These constraints result in a structure and drive-through lane that is unique to the project boundaries. c. That the granting of the variation will not alter the essential character of the locality. d. The proposed variance would be in harmony with the general purposes and intent of the ordinance. e. The variance is consistent with the Comprehensive Plan as a deviation does not conflict with the Commercial land use guiding. 3. The requested variance from Chapter 84.05 (3.f) to allow wall signs on multiple faces of the building is approved based on the following findings: a. That there are practical difficulties in complying with the Zoning and Subdivision Ordinance standards. Due to the size of the site, and its proximity to two major roadway, it is difficult to erect a freestanding sign that is outside of the site visibility triangle. b. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is south and were not created by the landowner. The subject property is a narrow site that fills much of the site visibility triangle in the intersection of County Road 50 and County Road 10. c. The granting of the variation will not alter the essential character of the locality. d. The proposed variance would be in harmony with the general purposes and intent of the ordinance as it would provide an adequate means of business City of Corcoran September 26, 2024 County of Hennepin State of Minnesota RESOLUTION NO. 2024-109 Page 3 of 5 identification, while protecting the safety and welfare of the public by minimizing hazards to vehicles and pedestrians. e. The variance is consistent with the Comprehensive Plan. f. The City may impose conditions that would limit the size, brightness, and quantity of wall signs, as well as restrict freestanding signs in an effort to prevent unsightly and chaotic signage of the site. 4. The requested variance from Section 1060.060, Subd. 4(C.2) to allow reduced stall widths, stall lengths, stall depth, and drive aisle width is approved based on the following findings: a. That there are practical difficulties in complying with the Zoning and Subdivision Ordinance standards. The size and shape of the site create practical difficulties in complying with the dimensional requirements for parking stalls while complying with other requirements of the ordinance. b. 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 were not created by the landowner. The 0.52-acre site is uniquely shaped as it only three boundary lines on a narrow parcel. The landowner did not create the unique conditions of the parcel. c. That the granting of the variation will not alter the essential character of the locality. d. The proposed variance would be in harmony with the general purposes and intent of the ordinance. e. The variance is consistent with the Comprehensive Plan as the deviation would provide parking for a commercial user on a site that is guided for Commercial land use. f. The City imposes the following conditions for the variance from Section 1060.060, Subd. 4(C.2) i. The applicant must provide plans that clearly dimensions the narrowest point of the drive aisle on all three sides of the site. ii. The minimum drive aisle width on the northeast side of the site fronting County Road 10 shall be 15 ft. iii. The minimum drive aisle width on the northeast side of the site fronting the city park shall be 13 ft. iv. Any parking stall that is less than 9 ft. wide shall be marked as a compact space. Compact spaces shall comply with the standards found in Section 1060.060 Subd. 4(C.3). v. There shall be no more than two compact parking spaces on this site. City of Corcoran September 26, 2024 County of Hennepin State of Minnesota RESOLUTION NO. 2024-109 Page 5 of 5 ATTACHMENT A Parcel 1: The East 450.00 feet, as measured along the north and south lines, of the South 933.80 feet as measured at right angles to the south line, of the Southwest Quarter of the Southwest Quarter (SW ¼ of SW ¼) of Section 36, Township 119, Range 23, Hennepin County, Minnesota. Abstract Property. Parcel 2: The South 933.80 feet of the Southwest Quarter of the Southwest Quarter (SW ¼ of SW ¼) of Section 36, Township 119, Range 23, Hennepin County, Minnesota, as measured at right angles to the south line thereof; except the East 450 feet as measured along the north and south lines thereof, and except that part thereof which lies West of a line parallel with and distant 40 feet East of the West line of said section. Abstract property. Parcel 3: That part of the Southwest Quarter of the Southwest Quarter (SW ¼ of SW ¼), of Section 36, Township 119, Range 23, lying North of the South 933.80 feet as measured at right angles to the South line thereof. Except the West 450.00 feet of the North 200.00 feet as measured at right angles to the North and West lines thereof. Also except the West 40.00 feet of said Southwest Quarter of the Southwest Quarter, Hennepin County, Minnesota. Abstract Property.