HomeMy WebLinkAboutCity Council Resolution 2019-213
C ITY OF P LYMOUTH
R ESOLUTION N O. 2019-213
A R ESOLUTION A PPROVING A C ONDITIONAL U SE P ERMIT
TO E XCEED THE M AXIMUM A LLOWABLE A TTACHED G ARAGE S IZE AND S ETBACK
V ARIANCE F ROM THE R AILROAD P ROPERTY R IGHT-OF-W AY FOR P ROPERTY L OCATED AT
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12115 53 A VENUE N ORTH (2019047)
WHEREAS, Michael and Melanie Pemrick have requested approval of a conditional use permit and
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variance for the site located at 12115 53 Avenue North, legally described as follows:
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Lot 4, Block 4, Larch Heights Lagoon 2 Addition, Hennepin County, Minnesota; and
WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and
recommends approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the request by Michael and Melanie Pemrick for a
conditional use permit to exceed the maximum allowable attached garage size and setback variance from
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the railroad property right-of-way for the property located at 12115 53 Avenue, subject to the following
conditions:
1. The requested conditional use permit is approved to allow 1,325 square feet of attached garage space
where 1,000 square feet is allowed on the subject property, in accordance with the application and
plans received by the city on May 30, 2019, and June 17, 2019, except as amended by this resolution.
2. The requested variance is hereby approved to allow a setback at 21 feet where 50 feet is required to
the railroad right-of-way, in accordance with the application received by the city on December 18,
2018, and additional information on May 30, 2019, and June 17, 2019, except as may be amended by
this resolution.
3. The requested conditional use permit is approved with the findings that the applicable conditional
use permit standards would be met as outlined in Section 21015 of the zoning ordinance.
4. The requested setback variance to the railroad right-of-way is approved, based on the finding that all
applicable variance standards would be met, as follows:
a) The requested variance for the home addition 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;
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b. the request is due to circumstances not created by the property owners as the placement
of the home, shape of the lot and the lack of lot depth limits the area for reasonable
expansion of the 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 expand the livability of the home on the lot that is more useable for the owners.
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 addition would have similar setbacks as other properties within the same subdivision
and the subdivision immediately west along the railroad property.
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 addition would increase the property value of this lot.
f) The variance requested is the minimum action required to address the practical difficulties. The
proposed addition would meet or exceed all other zoning regulations.
5. A building permit is required prior to the commencement of the project.
6. Prior to the issuance of a building permit, the applicant shall install, and have inspected by the water
resources division, wetland protection measures including double silt fencing southwest of the new
addition and adequate erosion control on and around the property.
7. For wetland protection purposes, grading operations/construction activity shall be limited to the
greatest extent possible southwest of the addition
8. Standard Conditions:
a. Any subsequent phases or expansions are subject to required reviews and approvals per
ordinance provisions.
b. The conditional use permit and variance shall expire one year after the date of approval, unless
the property owner or applicant has started the project, 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 sections 21015.07 and 21030.06, respectively, of
the zoning ordinance.
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ADOPTED by the City Council this 23 day of July, 2019.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
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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
July 23, 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
___________________.
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City Clerk