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HomeMy WebLinkAboutCity Council Resolution 2018-384 C ITY OF P LYMOUTH R ESOLUTION N O. 2018-384 R ESOLUTION A PPROVING A V ARIANCE TO THE S IDE Y ARD S ETBACKS TO A LLOW A N EW H OME FOR P ROPERTY LOCATED AT 2625 M EDICINE R IDGE R OAD (2018077) WHEREAS, Fieldstone Family Homes, Inc. has requested approval of side yard setback variances for a new home; and WHEREAS, the subject property is legally described as: Lot 7, Block 5, Medicine Lake Park Third Addition, Hennepin County, Minnesota; and WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and does approve the request by Fieldstone Family Homes, Inc. for side yard setback variances for a new home for property located at 2625 Medicine Ridge Road, subject to the following findings and conditions: 1. The requested variance is approved to allow both side yard setbacks at 9.5 feet where 15 feet is required, in accordance with the application received by the city on October 24, 2018, and additional information on November 8, 2018, except as may be amended by this resolution. 2. The requested side yard setback variances are approved, based on the finding that all applicable variance standards would be met, as follows: a) The requested variance for the new home is consistent with the residential uses listed for this land use classification in the comprehensive plan. b) The applicant has demonstrated that there are practical difficulties in complying with the ordinance regulations, because: a. the request is reasonable and the property would be used in a reasonable manner; b. the request is due to circumstances not created by the property owners as the size of the lot limits the area for a new home; and c. the variance would not alter the essential character of the lot or neighborhood. c) The requested variance is not based upon economic considerations, but rather, is based upon a desire to build a home on the lot. Resolution 2018-384 (2018077) Page 2 d) The requested variance and resulting construction would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood. The proposed home would have a similar setbacks as the neighboring properties. e) The requested variance and resulting construction would not impair an adequate supply of light and air to adjacent properties, nor would it increase traffic congestion or the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. The proposed home would increase the property value of this lot. f) The variance request is the minimum action required to address the practical difficulties. The proposed home would meet or exceed all other zoning regulations. 3. An approved stormwater and erosion control plan from the Engineering Division is required prior to construction of the home. 4. A building permit is required prior to construction of the home. 5. At framing inspection, the building inspector shall field verify that the southeast and southwest corners of the home are at least 9.5 feet from the side property lines, based on located property irons. 6. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. 7. The variance shall expire one year after the date of approval, unless the property owners or applicants has commenced the authorized improvement or use, or unless the applicants, with the consent of the property owners, have received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 21030.06 of the zoning ordinance. ADOPTED by the City Council on this 11th day of December, 2018. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on December 11, 2018 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ____________day of ____________________, _____. ____________________________________ City Clerk