HomeMy WebLinkAboutCity Council Resolution 2008-263CITY OF PLYMOUTH
RESOLUTION 2008-263
APPROVING A VARIANCE TO THE SIDE -YARD SETBACK FOR AN ATTACHED
GARAGE FOR PROPERTY LOCATED AT 14510 GLEASON LAKE DRIVE (2008065)
WHEREAS, an application has been filed by Brad Holter which requests approval of a variance to
constrict an attached garage ten feet from the side property line where the ordinance requires 15
feet, for property legally described as follows:
That part of Lot 17, Block 2, Glen Grove Acres, Hennepin County, Minnesota, described
as follows: Commencing at the southwest corner of said Lot 17; thence north along the
west line of said Lot 17 a distance 324.7 feet; thence easterly parallel with the north line of
said Lot 17, a distance of 85.7 feet; thence southerly 275.6 feet to a point in the southerly
line of said Lot 17 distant 140.37 feet northeasterly from the point of beginning; thence
southwesterly 140.37 feet to the point of beginning.
WHEREAS, the Planning Commission has reviewed the 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 of Brad
Holter for a variance to allow an attached garage ten feet from the west property line where 15
feet is required for property located at 14510 Gleason Lake Drive, subject to the following
conditions:
1. This resolution approves a variance to allow an attached building to be constricted ten feet
from the side property line where 15 feet is required, in accordance with the plans and
application received by the City on July 18, 2008 and August 4, 2008 except as amended by
this resolution.
2. The variance allowing an attached garage is approved with the finding that the applicable
variance standards are met. Specifically:
a. The shape of the lot and the placement of the home parallel to the street, at the center of
the lot, and at an angle to the west property line limits the ability to constrict an attached
garage that conforms to the ordinance requirements. The house was constricted prior to
the application of modern zoning regulations and before an attached garage was
considered a customary or common addition to a home.
b. The conditions of the requested variance are unique based upon the shape of the lot and
the placement of the home. If the house were constricted fiirther east on the lot, there
would be more room for the proposed addition to meet the side -yard setback.
c. The variance is not based on a desire to increase the income potential of the property, but
rather to constrict an attached garage for the convenience of the property owners.
d. The home was constricted in 1940; the current owner purchased the home in 1984.
Consequently, the hardship was not created by the applicant.
Resolution 2008-263
(2008065)
Page 2
e. Granting of the variance would not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood. The proposed attached garage would be
further from the adjacent property than the previous detached garage and would allow the
applicant more inside area to store the belongings previously stored in the detached
accessory buildings.
f. The garage, although taller than the previous garage, would not impair an adequate supply
of light and air to adjacent properties, nor would it substantially increase congestion of
public streets, increase the danger of fire, endanger the public safety, or substantially
diminish or impair property values within the neighborhood.
g. The requested variance appears to be the minimum action required to eliminate the
hardship and to allow the homeowner to improve the livability of the home and to provide
additional space.
4. A building permit for the addition shall be obtained prior to construction.
5. At the time of footings inspection, the applicant shall stake and string the property line for
verification of setback.
6. Prior to final inspection, the applicant shall: 1) have removed all the rock across and within
three feet of the property line and restored the area to turf and/or other plant materials and 2)
moved the trailer and other equipment used as part of theapplicant's business to a conforming
location within the garage or to an off-site storage facility.
7. The detached garage shall include facade materials that are consistent with the existing home.
8. Parking shall be consistent with Section 21135 of the Zoning Ordinance and the home
occupation shall be consistent with Section 21145.
9. Any subsequent phases or expansions are subject to required reviews and approvals per
ordinance provisions.
10. This 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 September 9, 2008.
Resolution 2008-263
(2008065)
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 September 9, 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