HomeMy WebLinkAboutCity Council Resolution 2022-297
C ITY OF P LYMOUTH
R ESOLUTION N O. 2022-297
R ESOLUTION A PPROVING A V ARIANCE TO THE S IDE Y ARD S ETBACK TO A LLOW A G ARAGE
AND H OME A DDITION FOR P ROPERTY L OCATED AT 16100 5 TH A VENUE N ORTH
(2022063)
WHEREAS, Janet and Stephen Olson have requested approval of a side yard setback variance for
a garage and home addition; and
WHEREAS, the subject property is legally described as: Lot 9, Block 1, Birchwood Estates
Addition, Hennepin County, Minnesota; and
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting.
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 Janet and Stephen Olson for a side
yard setback variance for a garage and home addition for property located at 16100 5th Avenue North,
subject to the following findings and conditions:
1. The requested variance is hereby approved to allow a 27-foot by 34.5-foot two-story garage and
home addition for a west side yard setback variance of 6.1 feet where 15 feet is required, in
accordance with the application and plans received by the city on August 17 and 19, 2022 and
additional information on September 14, 2022, except as may be amended by this resolution.
2. The requested side yard setback variance is approved, based on the finding that all applicable
variance standards would be met, as follows:
a) The variance permitting the addition is consistent with the residential uses listed for this land
use classification in the comprehensive plan.
b) The applicants have established that there are practical difficulties in complying with the
ordinance regulations, because:
1) The request is consistent with the residential uses listed for this land classification in
the comprehensive plan and the property would be used in a reasonable manner;
2) The request is due to circumstances not created by the landowners as they are not
the original owners, and the existing detached garage was constructed prior to the
applicants owning the home; and
3) The variance would not alter the essential character of the lot or neighborhood given
the number of homes within the development that are two-stories, and that the
Resolution 2022-297
(2022063)
Page 2
addition would be set back further from the side property line than the existing
detached garage.
c) The purpose for the variation is not based exclusively on economic considerations; but rather,
is based upon a desire to make improvements to the home and provide additional garage and
storage and home office space.
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 maintain a six-foot setback from the property line and not affect the
drainage and utility easement.
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 garage and home addition project would match the architecture
of the existing home and increase the property value of this lot.
f) The variance request is the minimum action required to address the practical difficulties. The
proposed garage and home addition would meet or exceed all other zoning regulations.
3. A building permit is required prior to construction of the garage and home addition. Prior to the
issuance of a building permit, the applicants shall either move the existing 12-foot by 14-foot shed
out of the 6-foot west side drainage and utility easement or receive approval of an encroachment
agreement as administered through the engineering division.
4. At framing inspection, the building inspector shall field verify that the western walls of the
additions are at least 6.1 feet from the west side property line, based on located property irons.
5. The drainage pattern of adjacent properties shall not be affected because of the construction
project.
6. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance
provisions.
7. The variance shall expire one year after the date of approval, unless the property owners or
applicants has commenced the authorized improvement or use, or unless the applicants, with the
consent of the property owners, have 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.
APPROVED by the City Council on this 29th day of November, 2022.
Resolution 2022-297
(2022063)
Page 3
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 29, 2022, 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 _____________, _______.
____________________________________
Jodi M. Gallup, City Clerk