HomeMy WebLinkAboutCity Council Resolution 2023-291
C ITY OF P LYMOUTH
R ESOLUTION N O. 2023-291
R ESOLUTION A PPROVING V ARIANCES FOR B RAD W INGER
FOR THE PROPERTY LOCATED AT 4700 J UNEAU L ANE N ORTH (2023 076)
WHEREAS Brad Winger has requested the approval of a setback variance and a front yard
variance to allow for the construction of a fence and a sport court in the front yard; and
WHEREAS, property legally described as follows Lot 15, Block 1, Tyrell 8th Addition, Hennepin
County, Minnesota.
WHEREAS, the Planning Commission has reviewed said 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 Brad Winger for a variance to allow
a 6-foot fence in the front yard setback and a variance for a sport court in the front yard at 4700 Juneau
Lane North, subject to the following findings and conditions:
1. The requested variances are hereby approved in accordance with the application received
by the city on October 24, 2023, except as may be amended by this resolution.
2. The requested front yard setback and front yard variances are approved with the findings
that all applicable variance standards would be met. Specifically:
a. The variances, and their resulting construction or project, would be in harmony with the
general purposes and intent of this Chapter, and would be consistent with the
comprehensive plan.
b. The applicants have demonstrated that there are practical difficulties in complying with
the ordinance regulations, because:
i. The requests are reasonable, and the property would be used in a reasonable
manner; and
ii. The requests are due to circumstances not created by the landowners; and
iii. The variances would not alter the essential character of the lot or
neighborhood.
c. The variance requests are not based exclusively upon economic considerations but
rather, the variances are requested to make improvements to the lot to make it more
usable for the current occupants.
Resolution 2023-291
File 2023076
Page 2
d. The requested variances and resulting construction would not be detrimental to the
public welfare, nor would it be injurious to other land or improvements in the
neighborhood.
e. The requested variances and resulting construction, would not impair an adequate
supply of light and air to adjacent properties, nor would they substantially increase
traffic congestion in public streets, increase the danger of fire, endanger the public
safety, or substantially diminish property values within the neighborhood.
f. The variances requested are the minimum action required to address the practical
difficulties and allow the homeowners to improve the livability of the home and to
provide usable space.
3. The permit is subject to all applicable building and fire codes, and to all city regulations and
ordinances. Any violation thereof shall be grounds for revocation.
4. The variance shall expire one year after the date of approval, unless the property owner or
applicants have commenced the authorized improvement or use, or unless the applicants,
with the consent of the property owner, 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 November, 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
November 28, 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