HomeMy WebLinkAboutCity Council Resolution 2008-211CITY OF PLYMOUTH
RESOLUTION 2008-211
APPROVING A VARIANCE FOR SIDE YARD SETBACK FOR PAQUETTE
CONSTRUCTION COMPANY FOR PROPERTY LOCATED AT 19010 31sT PLACE NORTH
(2008046)
WHEREAS, an application has been filed by Paquette Constriction Company for a side yard
setback variance to allow constriction of a driveway expansion for property legally described as
follows:
Lot 7, Block 4, CHURCHILL FARMS 2N" 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 Paquette
Constriction for a side yard setback variance to allow constriction of a driveway expansion at
19010 31" Place north, subject to the following conditions:
1. This resolution approves a two -foot setback variance to allow a driveway expansion to be one
foot from the side yard in accordance with the plans and application received by the City on
May 30, 2008, except as amended by this resolution.
2. The variance for the side yard setback is approved with the finding that the applicable variance
standards are met. Specifically:
a) The pie -shape of the lot creates a hardship as distinguished from a mere inconvenience due
to the angles of the side yard lot lines in relationship to the placement of the home on the
lot. There is also a slope around the side of the existing garage, which does not allow for
the driveway to be expanded on the side of the garage where the side setback could be
met. Therefore, the applicant's only viable option for additional driveway/parking space is
in the location proposed.
b) The conditions of the requested variance are unique based upon the shape of the parcel
and the location and setback of the house on the lot. If the home were constricted fiirther
back on the lot there would be enough space for the driveway expansion to meet the side
yard setback requirement.
c) The requested variance is not based exclusively upon a desire to increase land value or
income potential of the property, but to accommodate parking space on the driveway to
provide for the homeowner's parking needs.
Resolution 2008-211
(2008046)
Page 2 of 2
d) The homeowners purchased the home in 1992 after it was constricted. Minnesota case
law has determined that a self-created hardship on its own is not a sufficient basis for a
city to deny a variance.
e) The granting of the variance would not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood. The applicant would direct any
additional storm water runoff away from the neighboring properties to the south and east,
through the use of a curb edge along the driveway.
f) The proposed addition would not impair an adequate supply of light or air to adjacent
property, nor would it substantially increase congestion in public streets, increase the
danger of fire, endanger the public safety, or substantially diminish property values within
the neighborhood.
g) The requested variance is the minimum action necessary to eliminate the hardship as the
associated driveway expansion creates the least impact to the neighboring properties, as it
provides additional off-street parking space for the home owners without the addition of a
third -stall garage.
3. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
4. 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 July 8, 2008
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 July 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