HomeMy WebLinkAboutCity Council Resolution 2009-204CITY OF PLYMOUTH
RESOLUTION No. 2009-204
A RESOLUTION APPROVING A VARIANCE TO ALLOW A 6 -FOOT SIDE YARD SETBACK WHERE 15
FEET IS REQUIRED BY THE ZONING ORDINANCE FOR SPEED SQUARE CONSTRUCTION INC. FOR
PROPERTY LOCATED AT 9710 28TH AVENUE NORTH (2009033)
WHEREAS, an application has been filed by Speed Square Constriction for a variance to
allow a 6 -foot side yard setback where 15 feet is required by the Zoning Ordinance for property
legally described as follows:
West 90 feet of Lot 3, Block 1, Klausman's Addition, Hennepin County, Minnesota.
WHEREAS, the Planning Commission has reviewed the request at a duly called public
meeting and recommends approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Speed Square Constriction for a variance to allow a 6 -foot side yard setback where 15 feet is
required by the Zoning Ordinance to allow a second stall garage addition and deck above, subject
to the following conditions:
1. This resolution approves a variance to allow a 6 -foot side yard setback where 15 feet is
required by the Zoning Ordinance for a 10 -foot by 22.6 -foot second -stall garage addition and
a deck above, in accordance with the application received by the City on July 2, 2009, except
as amended by this resolution.
2. This setback variance is approved with the finding that the applicable variance standards are
met. Specifically:
a) The applicant's lot is legally non -conforming to lot width. The lot is 90 -feet wide where
110 feet is the minimum width required in the RSF-1 Zoning District. The substandard
width of the lot together with the original design of the home limits the opportunities for
additional garage space and creates a hardship. The house is 62.2 feet wide and is set
back roughly 11 feet from the east property line and roughly 16 feet from the west
property line. A variance is needed to constrict a standard sized second -stall garage
addition.
b) The request is not based upon a desire to increase value or income potential of the
property. The proposal would allow the addition of a two -stall garage for the
Resolution No. 2009-204
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convenience and improved livability of the property owners, and would not detract from
the appearance of the home or surrounding properties. The applicant is proposing to
constrict the garage addition with materials and design compatible with the exterior of
the home.
c) The hardship is caused by the Zoning Ordinance and has not been self-created. The
home was constricted in 1958 and the current property owner purchased the home in
1988.
d) Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. The adjacent neighbor's attached garage (to
the west) is the closest stricture to the proposed garage addition. The neighboring
property has a 25 -foot side -yard setback. With the six-foot setback variance, a 31 -foot
separation would be established between the attached garages, which exceeds the
separation envisioned with the RSF-1 Zoning District.
e) The proposed two -stall garage would be 22 feet wide. This is a standard width for a two -
stall garage and would not be excessive, therefore, staff finds the requested variance is
the minimum action necessary to alleviate the hardship.
3. Building permits are required prior to construction of the 2ara2e and deck addition.
4. Prior to issuance of a building permit for construction of the garage and deck addition,
the applicant shall submit a certified survey for the property to be approved by City staff
5. The variance is contingent on City Council approval of the vacation of nine feet of a 15 -foot
wide drainage and utility easement on the west side of the property.
6. The addition shall comply with all standards specified for the RSF-1 (Residential Single
Family Detached 1) zoning district. No variances other than the setback variance are granted
or implied.
7. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
8. This variance approval shall expire one year after the date of approval, unless the property
owner or applicant has substantially started constriction of the project, or unless the
landowner or applicant 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.
Resolution No. 2009-204
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ADOPTED by the City Council on August 25, 2009.
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 August 25, 2009, 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