HomeMy WebLinkAboutCity Council Resolution 2009-225CITY OF PLYMOUTH
RESOLUTION No. 2009-225
A RESOLUTION APPROVING A VARIANCE TO ALLOW A 14.5 -FOOT REAR YARD SETBACK
WHERE 25 FEET IS REQUIRED BY THE ZONING ORDINANCE FOR JAMES ROLFS AND JEANNE
ROLFS FOR PROPERTY LOCATED AT 18920 37T" PLACE NORTH (2009043)
WHEREAS, an application has been filed by James Rolfs and Jeanne Rolfs for a variance
to allow a 14.5 -foot rear yard setback where 25 feet is required by the Zoning Ordinance for
property legally described as follows:
Lot 2, Block 17, Bridlewood Farm -1 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 James Rolfs and Jeanne Rolfs for a variance to allow a 14.5 -foot rear yard setback where 25
feet is required by the Zoning Ordinance to allow a porch addition, subject to the following
conditions:
1. This resolution approves a variance to allow a 14.5 -foot rear yard setback where 25 feet is
required by the Zoning Ordinance for a 14 -foot by 16.5 -foot (231 square foot) porch
addition, in accordance with the application received by the City on August 3, 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 Bridlewood Farm RPUD required a minimum front setback of 35 feet, a side setback
of 10 feet, and a rear setback of 25 feet. The home was constricted at these minimum
setback requirements. In 1996, the City rezoned the property from RPUD to RSF-2. The
RSF-2 Zoning District requires a minimum front setback of 25 feet. Therefore, the home
was constricted 10 feet fiirther back than is required under present zoning requirements.
If the home were constricted at the minimum setbacks of the RSF-2 district, there would
not be a need for a variance.
In 1996, the property became legally non -conforming to the minimum lot area
requirement of the RSF-2 district. The lot is roughly 10,000 square feet where 12,500
square feet is the minimum lot area required in the RSF-2 Zoning District. Had the lot
Resolution 2009-225
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met the minimum area requirements, the additional 2,500 -square feet of lot area could
have made it easier to meet setback requirements.
b) The request is not based upon a desire to increase value or income potential of the
property. The proposal would allow the constriction of a three -season porch addition for
the convenience and improved livability of the property owners, and would not detract
from the appearance of the home or surrounding properties. The applicants are proposing
to constrict the porch 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 1993 and the current property owners purchased the home in
2003.
d) Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. Due to the rear placement of the applicant's
home in relation to adjacent homes to each side, the three -season porch would not be
directly visible from the adjacent homes. In addition, there is a private trail and wetland
behind the applicant's home to the north. There would be roughly 148 feet of separation
from the porch addition to the closest neighboring home to the north.
e) The request is reasonable given the original placement of the home on this substandard
lot and given the separation from adjacent homes.
3. Building permits are required prior to construction of the porch addition.
4. Prior to the issuance of a building permit, the applicants shall either submit an updated
certified survey for the property with the porch addition drawn by the surveyor or shall
expose the rear property monuments to verify the 14.5 -foot setback.
5. The proposed deck and related deck stairs shall be set back at least six feet from side and rear
property lines.
6. The addition shall comply with all standards specified for the RSF-2 (Residential Single
Family Detached 2) 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.
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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.
ADOPTED by the City Council on September 22, 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 September 22, 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