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HomeMy WebLinkAboutCity Council Resolution 2019-092 C ITY OF P LYMOUTH R ESOLUTION N O. 2019-092 R ESOLUTION A PPROVING V ARIANCE FOR J ULIE O LSEN FOR P ROPERTY LOCATED AT 12045 54 TH A VENUE (2019 004) WHEREAS, Julie Olsen has requested approval of a variance to allow expansion of a lawfully nonconforming deck during its reconstruction for property located at 12045 54th Avenue; and WHEREAS, the reconstructed deck would be set back 19 feet from the Bass Lake lagoon, where 21 feet is otherwise specified under the nonconforming structure regulations; and WHEREAS, the subject property is legally described as Lot 5, Block 1, Larch Heights Lagoon 2nd 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 Julie Olsen for variance to allow expansion of a lawfully nonconforming deck during its reconstruction for property located at 12045 54th Avenue, subject to the following: 1. The requested variance is approved, in accordance with the plans received by the City on February 13, 2019, except as may be amended by this resolution. 2. The requested variance is approved, based on the finding that all applicable variance standards have been met, specifically: a) The requested variance and resulting construction would be in harmony with the general purposes and intent of the ordinance, and would be consistent with the city’s comprehensive plan. b) The applicant has demonstrated that there are practical difficulties in complying with the ordinance regulations, because: 1. The request is reasonable and applicant proposes to use the property in a reasonable manner. 2. The request is due to circumstances not created by the landowner. 3. The variance would not alter the essential character of the lot or neighborhood. c) The requested variance is not based solely upon economic considerations. 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. Resolution 2019-092 (2019004) Page 2 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. f) The variance requested is the minimum action required to address the practical difficulties. 3. A building permit is required prior to commencement of the deck reconstruction project. 4. The variance shall expire one year after the date of approval, unless the property owner or applicant has commenced the authorized improvement or use, or unless the applicant, with the consent of the property owner, has 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. APPROVED by the City Council this 9th day of April, 2019. 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 April 9, 2019, 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