HomeMy WebLinkAboutCity Council Resolution 2008-008CITY OF PLYMOUTH
RESOLUTION 2008-008
APPROVING VARIANCES FOR REAR YARD SETBACK AND SIZE OF AN ADDITION
ON PIER FOOTINGS TO ALLOW CONSTRUCTION OF A TWO-LEVEL PORCH FOR
JANESE EVANS FOR PROPERTY LOCATED AT 5445 XIMINES LANE. (2007108)
WHEREAS, an application has been filed by to allow a two-level porch for property legally
described as follows:
Lot 1, Block 6, Harrison Hills 2"a 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 Janese
Evans for variances to allow a two-level porch at 5445 Ximines Lane, subject to the following
conditions:
1. This resolution approves variances as follows: 1) a rear yard setback of 14 feet from west
property line and 2) a total square footage of 588 square feet for a two-level, 14 -foot by 21 -
foot porch, in accordance with the plans and application received by the City on November 9,
2007, except as amended by this resolution.
2. The variances are approved with the finding that the applicable variance standards are met.
Specifically:
a) Staff has concluded that the hardship is the application of the RSF-2 lot area requirements
on a lot that was originally developed with 3,600 square feet less than the district requires.
Additionally, the intent of the size limitation of additions on pier footings was to prevent
the stilt -like appearance of large additions connected to the upper levels of homes. The
two-level design of the proposed porch eliminates this concern.
b) The lot is undersized with respect to the minimum lot area required in the RSF-2 district.
c) The request is not based exclusively upon a desire to increase value or income potential of
the property, but rather for the improved livability of the property owners.
Resolution 2008-008
(2007108)
Page 2 of 3
d) The hardship is caused by the application of the Zoning Ordinance and has not been self-
created.
e) The homes on the lots to the north and south of the subject property were constricted
farther from their rear lot lines and would have limited visibility of the proposed porch.
The homes to the west are separated from the subject property by the open -space outlot;
the additional space reduces the impact of the addition. Consequently, granting the
variance would not be detrimental to the public welfare or injurious to other land or
improvements in the neighborhood.
f) The variance would not impair an adequate supply of light and air to adjacent property,
nor would it substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
g) The requested variance is the minimum action necessary to eliminate the hardship.
3. A building permit is required prior to construction of the porch addition.
4. Prior to issuance of a building permit, the applicant shall submit final designs for the
addition consistent with the City Code and all City policies.
5. Adjacent paved streets shall be kept free of mud, sand and silt as a result of constriction.
6. Except for the variances approved by this resolution, the addition shall comply with all
standards specified for the RSF-2 (Residential Single Family Detached 2) zoning district. No
other variances 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 2 103 0. 06 of the Zoning Ordinance.
Adopted by the City Council on January 8, 2008.
Resolution 2008-008
(2007108)
Page 3 of 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 January 8, 2008, 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