HomeMy WebLinkAboutCity Council Resolution 2007-121CITY OF PLYMOUTH
RESOLUTION 2007-121
APPROVING VARIANCES TO ALLOW A DETACHED GARAGE IN A FRONT YARD
AND FOR IMPERVIOUS SURFACE COVERAGE FOR SCOTT AND MARY LINNELL
FOR PROPERTY LOCATED AT 9960 26TH AVENUE NORTH (2007004)
WHEREAS, an application has been filed by Scott and Mary Linnell to allow a detached garage
in a front yard and for impervious surface coverage for property legally described as follows:
Lot 11, Block 7, Medicine Lake Park -1 Division, 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 Scott
and Mary Linnell for variances to allow a detached garage in a front yard and for impervious
surface coverage at 9960 26th Avenue North, subject to the following conditions:
1. This resolution approves a variance for a detached garage in a front yard and a variance to
allow 34.6 percent impervious surface coverage for a 30 -foot by 24 -foot detached garage, in
accordance with the plans and application received by the City on January 17, 2007, and rain
garden plan received February 13, 2007, except as amended by this resolution.
2. The variance to allow a detached garage in a front yard and the variance for impervious
surface coverage are approved with the finding that the applicable variance standards are
met. Specifically:
a) The lot width and placement of the home on the lot would not allow a detached garage
without variances. The creation of this lot also predates the City's shoreland
regulations. At the time the property was created, the development was not required to
comply with any impervious surface coverage requirements. Consequently, the lot and
home placement were established without regard to impervious surface coverage.
Resolution 2007-121
(2007004)
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b) The circumstances related to this request are not generally applicable to other properties
in the RSF-1 district. The plat creating the subject property was recorded prior to
modern zoning and subdivision regulations. The originally established lot configuration
does not serve the needs of present day land use.
c) The request is not based exclusively upon a desire to increase value or income potential
of the property; but rather, the variances are necessary to constrict a garage for the
convenience and improved livability of the property owners. The proposed garage
would not detract from the appearance of the home or surrounding properties. The
applicants are proposing to constrict the garage with materials and a design that is
compatible with the exterior of the home.
d) The hardship is caused by the Zoning Ordinance and the physical surroundings of the
property and was not self-created. The creation of the lot predates the requirements for
an accessory stricture in a front yard and the requirements for impervious surface
coverage.
e) The granting of the variances would not be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood. The applicants would design the
garage addition to be consistent with the character of the home.
f) The variances 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 variances appear to be the minimum action required to eliminate the
hardship. The applicants are proposing to constrict a modest sized two car garage and
would constrict a rain garden to treat the increase in impervious surface.
3. A building permit is required prior to construction of the detached 2ara2e.
4. Prior to issuance of a building permit, the applicant shall submit a cross access easement
for the shared driveway on the subject property and the adjacent property to the east.
5. Prior to building permit final inspection, the applicant shall constrict the rain garden on
the property.
6. Adjacent paved streets shall be kept free of mud, sand, and silt as a result of constriction.
7. The addition shall comply with all standards specified for the RSF-1 (Residential Single
Family Detached 1) zoning district. No other variances are granted or implied.
8. The building materials of the garage shall match the exterior materials of the home.
Resolution 2007-121
(2007004)
Page 3 of 3
9. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
10. 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 21030.06 of the Zoning
Ordinance.
Adopted by the City Council on March 13, 2007.
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 March 13, 2007, 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