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HomeMy WebLinkAboutCity Council Resolution 2019-317 C ITY OF P LYMOUTH R ESOLUTION N O. 2019-317 R ESOLUTION A PPROVING A V ARIANCE TO THE S IDE Y ARD S ETBACK TO A LLOW A G ARAGE TH A DDITION FOR P ROPERTY L OCATED AT 17510 25A VENUE N ORTH (2019076) WHEREAS, Matthew Nelson has requested approval of a variance to allow the construction of a garage addition to replace the existing garage on the west side of the home; and, WHEREAS, the subject property is legally described as Lot 4, Block 1, Sunny Acres, Hennepin County, Minnesota; and, WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting, and, WHEREAS, the subject property has drainage problems on the west and north (garage) sides of the property, has an upward six to eight foot slope in the northwest corner of the lot directly behind the existing garage, and the house and attached garage were originally constructed off-center with a 15 foot setback on the west (garage) side and a 38 foot setback on the east (house) side, 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 Matthew Nelson for a variance for th property located at 17510 25 Avenue North, subject to the following findings and conditions: 1. The requested variance is hereby approved to allow a 30-foot by 32-foot garage addition to be constructed 7 feet from the west (side yard) property line where 15 feet is required, in accordance with the application received by the city on August 30, 2019 and September 19, 2019, except as may be amended by this resolution. a. The variance, and its resulting construction or project, would be in harmony with the general purposes and intent of this Chapter, and would be consistent with the comprehensive plan. b. Permitting the addition allows the property to be used in a reasonable manner. c. The plight of the landowner is unique and not self-created. The applicant is not the original owner of the home that was not placed evenly on the lot but more toward the west. As a result, the required side yard setback limits the property owner on the size of a garage addition as compared to other properties within the area that have homes placed toward the center of the lots. d. The variance, if granted, would not alter the essential character of the locality. e. The variance request is not based exclusively upon economic considerations, but rather to increase the amount of interior storage space. f. The variance, and its resulting construction, would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. Resolution 2019- (2019076) Page 2 g. The proposed garage addition would not impair an adequate supply of light and air to adjacent properties, nor would it substantially increase congestion of public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood. h. The variance requested is the minimum action required to address or alleviate the practical difficulties. 2. A building permit is required prior to demolition of the existing garage and construction of the new garage. 3. Prior to the issuance of a building permit, the applicant shall provide an updated survey that: a) shows the proposed driveway; 2) identifies the proposed garage floor elevation; and 3) contains adequate drainage information, including drainage arrows and proposed elevations for the new driveway, around the new garage and in the side yard. 4. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. 5. 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. ADOPTED by the City Council on November 12, 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 November 12, 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