HomeMy WebLinkAboutCity Council Resolution 2023-064
C ITY OF P LYMOUTH
R ESOLUTION N O. 2023-064
R ESOLUTION A PPROVING A V ARIANCE TO THE S IDE Y ARD S ETBACK TO A LLOW A H OME
A DDITION FOR P ROPERTY L OCATED AT 2950 L ARCH L ANE N ORTH (2022092)
WHEREAS, Brian and Kareen Swanson have requested approval of a side yard setback variance
for a home addition; and
WHEREAS, the subject property is legally described as:
Parcel 1: Tract F, Registered Land Survey No. 599 Hennepin County, Minnesota.
Parcel 2: That part of vacated Larch Lane as dedicated in the plat of Rappaport Addition lying Southerly
and Easterly of the Easterly, Northerly and Northwesterly continuation of the curved segment of the
Northerly line of Lot 6, Block 2 in said plat to the Easterly line of said plat, except that part thereof which
lies Southwesterly of the following described Line A and its extensions:
Line A: Commencing at the Southeast corner of said Lot 6, Block 2; thence on an assumed bearing of
North 22 degrees 27 minutes 50 seconds West along the East line of said Lot 6 a distance of 109.61 feet,
thence Easterly 27.04 feet along the line, that if extended, would intersect the Easterly line of said
vacated Larch Lane at a point distant 117 feet Northwesterly 12.81 feet on a line bearing North 37
degrees 36 minutes 44 seconds West to the existing right-of-way of Larch Lane and said point being true
point of beginning of said Line A; thence Southeasterly to the above described Point B and said Line A
there terminating.
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 Brian and Kareen Swanson for a
side yard setback variance for a home addition for property located at 2950 Larch Lane North, subject to
the following findings and conditions:
1. The requested variance is hereby approved to construction of a two-story home and garage
addition, along the south side of the existing home. The lower level of the addition would be set
back approximately 13 feet from the west side lot line, and the upper-level addition cantilever
would be located 11.3 feet from the west side lot line, where 15 feet is specified, in accordance
with the application received by the city on December 28, 2022, and additional information on
January 12, 2023, 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:
Resolution 2023-064
(2022092)
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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 property owners as they are
not the original owners of the home. In addition, the lot does not meet the minimum
width requirements for lots within the RSF-1 zoning district (68 feet where 110 feet is
required), thus limiting the ability to expand off the southern side of the home; and
3) The variance would not alter the essential character of the lot or neighborhood. The
area was developed prior to the current zoning ordinance setback requirements
adopted in 1996. Therefore, several homes in the neighborhood have existing non-
conforming setbacks to the side property lines.
c) The purpose for the variation is not based exclusively on economic considerations; but rather,
is based upon a desire to improve the livability of the home.
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. A
portion of the addition would encroach into the required setback. The addition would maintain
an 11.3-foot distance from the west side property line and not negatively affect the drainage
pattern.
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 addition 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
shape of the lot makes it difficult for expansion off the south side of the home and the
proposed home addition would meet all other zoning regulations.
3. A building permit is required prior to construction of the addition.
4. Prior to issuance of the building permit, the applicant shall fulfill the requirements, submit the
required information, and revise the plans as indicated below, consistent with the applicable City
code, zoning ordinance, and engineering guidelines:
a. Submit a revised survey, with an accurate proposed impervious surface percentage,
pursuant to zoning ordinance requirements, at or below 25 percent of the area of the lot
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above the ordinary high-water level of Medicine Lake (889.1 feet), including the overall size
of the existing water-oriented structure and compacted area along the western side of the
property.
b. Submit and receive approval of an erosion control plan that includes proposed silt fence
location and details and applicable inlet protection.
5. The drainage pattern of adjacent properties shall not be affected as a result of the construction
project.
6. The driveway expansion shall meet zoning ordinance requirements pursuant to Section 21135.08.
7. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance
provisions.
8. 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 28th day of February, 2023.
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
February 28th, 2023, 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