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HomeMy WebLinkAboutCity Council Resolution 2008-296CITY OF PLYMOUTH RESOLUTION 2008-296 APPROVING A VARIANCE FOR JAMES CLASEMAN AND RUTH CLASEMAN FOR A DETACHED GARAGE IN THE FRONT YARD FOR PROPERTY LOCATED AT 5755 JUNEAU LANE NORTH (2008047) WHEREAS, an application has been filed by James Claseman and Ruth Claseman which requests approval of a variance for a detached garage in the front -yard, for property legally described as follows: The North 333 feet of the East 687 feet of Government Lot 2, Township 118 North, Range 22 West, Section 4. Subject to an easement for roadway purposes over and across the east 33.0 feet thereof. 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 James Claseman and Ruth Claseman for a variance to allow a detached garage that would be located eight feet from the front lot line for property located at 5755 Juneau Lane North, subject to the following conditions: 1. This resolution approves a variance to allow a detached building eight feet from the front property line where no accessory buildings are permitted., in accordance with the plans and application received by the City on June 5, 2008, except as amended by this resolution. 2. The variance allowing a detached garage in the front yard is approved with the finding that the applicable variance standards are met. Specifically: a. The subject property is just under five acres, however, the majority of the property is unbuildable due to steep slopes and wetlands. The only buildable location is the front yard in the spot the applicant has chosen. The hardship is due to the lack of buildable area on the property. b. The size of the property and the physical circumstances makes the situation unique and not applicable to other residential properties. c. The request is not based exclusively upon a desire to increase value or income potential of the property. d. The hardship is caused by the Zoning Ordinance and has not been self-created. e. Granting of 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 Resolution 2008-296 (2008047) Page 2 danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. g. The detached garage addition represents the minimum action necessary to alleviate the hardship. 4. A building permit for the addition shall be obtained prior to construction. 5. Prior to issuance of a permit, the applicant shall submit a survey verifying the approved setback distance from the front and side property lines and at the time of footings inspection, shall stake and string the property line for verification of setback. 5. The detached garage shall include facade materials that are consistent with the existing home. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 6. 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 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