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HomeMy WebLinkAboutCity Council Resolution 2008-280CITY OF PLYMOUTH RESOLUTION 2008-280 APPROVING A SHORELAND VARIANCE TO ALLOW TWO CONTIGUOUS NON- CONFORMING LOTS UNDER THE SAME OWNERSHIP FOR PROPERTIES LOCATED AT 2635 AND 2645 NATHAN LANE. (2008067) WHEREAS, an application has been filed by Eugene Dobkin which requests approval of a variance to allow two contiguous non -conforming lots under the same ownership, for property located at 2635 Nathan Lane and legally described as follows: Lot 3, Block 7, Medicine Lake Park 3" Division; and 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 Eugene Dobkin for a shoreland variance to allow two contiguous non -conforming lots under the same ownership for properties located at 2635 and 2645 Nathan Lane, subject to the following conditions: 1. This variance approval is for the property located at 2635 Nathan Lane. The variance approval allows two contiguous non -conforming lots under the same ownership for properties located at 2635 and 2645 Nathan Lane, in accordance with the plans received by the City on July 24, 2008, except as may be amended by this resolution. 2. This resolution is approved with the finding that the applicable variance standards have been met. Specifically: a. The distance from the subject properties to Medicine Lake creates a hardship as distinguished from a mere inconvenience. The 1,000 -foot Shoreland Overlay District boundary nuns through the subject properties (see attached survey). The shoreland district comprises roughly half of the rear yard of the property located at 2635 Nathan Lane. Therefore, the majority of the pervious surface for the new house would be outside of the district (with 4.8 percent impervious surface in the district with the proposed home). The shoreland district comprises of a small portion of the property Resolution 2008-280 File 2008067 Page 2 located at 2645 Nathan Lane. This lot would have no impervious surface in the district. b. The intent of the shoreland requirement that requires a consolidation is to increase the size of smaller non -conforming lots that are located near the City's lakes or tributary streams. In this instance, the subject properties are over 20,000 -square feet, where 18,500 square feet is the minimum lot area required. C. The variance would allow the constriction of an additional single family home. d. The shoreland regulations require that non -conforming lots be consolidated to increase the size of smaller lots in the district. However, the City has different single family zoning districts with different minimum lot area and lot width requirements. The subject properties are located in the City's largest lot zoning district. If the subject properties were located in one of the City's smaller lot zoning districts, then there would be no need for a variance. The applicant's properties are also located on the outer boundary of the shoreland district. These conditions were not created by the applicant, but rather are created by the Zoning Ordinance. In addition, the neighboring properties all have the same lot area and lot width as the applicant's properties. All of these lots are developed with existing single family homes. e. Granting the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The proposed homes would not impair an adequate supply of light or air to adjacent property, nor would they substantially increase congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. The proposed homes would be in conformance with all Zoning Ordinance regulations for setbacks, building height, impervious surface, etc. f. The requested variance is the minimum action necessary to eliminate the hardship. 4. Silt fence shall be installed on the property prior to commencement of demolition or constriction. 5. Separate building permits shall be obtained prior to any demolition or construction on the site. Resolution 2008-280 File 2008067 Page 3 6. Prior to issuance of any building permits, the applicant shall: a. Revise the certificate of survey to: 1) match the proposed house footprint with the footprint shown on the building drawings, 2) show the proposed driveway in compliance with Zoning Ordinance requirements, and 3) identify the sewer and water service locations. b. Submit and receive approval of an administrative permit to allow development on a non- conforming lot. 7. Adjacent paved streets shall be kept free of mud, sand, and silt as a result of constriction. 8. The new home constriction shall comply with all standards specified for the RSF-I (Residential Single Family Detached 1) zoning district. No variances other than this shoreland variance are granted or implied. 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 applicant has substantially started constriction of the project, or unless the 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 23, 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 September 23, 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