HomeMy WebLinkAboutCity Council Resolution 1978-1850
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular meting of the City
Council of the City of Plymouth, Minnesota, was held on the 3rd day of
April 1978 The following members were present: Mayor Hunt,
ng members were
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Councilmmber Spaeth introduced the following Resolution and moved
s a op on:
RESOLUTION NO. 78-185
A RESOLUTION ADOPTING FINDINGS AND DETERMINATION$ WITH
RESPECT TO THE APPLICATION OF GERALD R. FRASER FOR VARIANCES
WITH RESPECT TO CERTAIN LOTS WITHIN THE CITY OF PLYMOUTH
WHEREAS, Gerald R. Fraser, on or about the 26th day of April, 1977, applied for
variances from the setback provisions of the Plymouth Zoning Ordinance with respect
to the following three parcels of land all situated within the City of Plymouth,
Minnesota, to -wit:
Lot 16, Block 3, Parkers Lakeside 2nd Addition
Lot 16, Block 4, Parkers Lakeside 2nd Addition
Lot 24, Block 3, Parkers Lakeside Addition, and
WHEREAS, on June 15, 1977 the Board of Zoning Adjustment and Appeals did deny said
application which denial upon appeal was affirmed by the City Council on August
15, 1977, and
WHEREAS, said Gerald R. Fraser did obtain a Writ of Mandamus from the District
Court of Hennepin County, Minnesota on December 22, 1977 directing the City Council
to grant the variances, and
WhEREAS. pursuant to said Writ, the City Council did grant variances to the applicant
on January 9, 1978. and
WHEREAS, thereafter the said District Court, by its order dated February 1, 1978,
vacated and quashed said Writ of Mandamus and remanded the matter to the City Council
for further hearings, and
WHEREAS, the City Council, pursuant to said Order and upon timely notice to all parties,
did hold such a remand hearing on March 21, 1978 at which hearing a record was made
and all parties in interest were given the opportunity to be heard, and
WHEREAS, the City Council of the City of Plymouth has considered the matter further,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH That, the
following are the findings of the Council with respect to this matter:
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Resolution N 78-185
Page 2
1. In determining whether to grant such application, the City Council
is required by the provisions of Subdivision 2, Section 19 of
Ordinance 68-8, to make the findings required by said Ordinance. In
addition the Council has an obligation to the community at large
to render a determination that will not result in detriment to the
general welfare.
2. The granting of the requested variances would place any structures
built upon said properties in close proximity to the street rights-
of-way of 3rd Avenue North and Orchid and Quantico Lanes. This would
result in a significant loss of intersection sight distance for
vehicular traffic approaching said intersections which loss would be
perilous and detrimental to the public generally.
3. The terrain of the area in which the particular properties are located
is extremely flat and level. Ponding problems -which now exist from
surface water drainage would be substantially increased to the
detriment of the area.
4. The granting of the requested variances would be detrimental to the
public welfare and injurious to other land in the neighborhood, would
endanger the public safety and would increase to the detriment of the
public welfare the problems of surface water drainage and ponding in
the area.
5. The applicable ordinances for this district specifically require 50 ft.
setbacks from public street frontages and granting of the requested
variances would be most inappropriate and injurious to adjacent property
in that it would permit construction of homes in total lot depth of
approximately 50 ft., which is otherwise required as front setback on
the south side of 3rd Avenue.
BE IT FURTHER RESOLVED, That in accordance with the above findings, the application
of Gerald R. Fraser is hereby denied.
The motion for the adoption of the foregoing Resolution was duly seconded
by Councilmember Ho t and upon vote being taken thereon, the
fol ow ng vot in aver ereo Mayor Hunt, Councilmembers Hoyt, Neils,
Sei�,g�� and Sagett3
ine roiiowing votea against or abstalnea:
Whereupon the Resolution was declared duly
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