HomeMy WebLinkAboutCity Council Resolution 2007-241CITY OF PLYMOUTH
RESOLUTION 2007-241
APPROVING VARIANCES FOR CORY AND ELLEN TELL TO ALLOW CONSTRUCTION
OF A NEW HOME ON A NON -CONFORMING LOT AND FOR IMPERVIOUS SURFACE
COVERAGE FOR PROPERTY LOCATED AT 2560 MEDICINE LAKE BOULEVARD EAST
(2007024)
WHEREAS, an application has been filed by Cory and Ellen Tell, which requests approval of
variances for redevelopment of a non -conforming lot and impervious surface coverage to allow
constriction of a new single-family home for property legally described as follows:
Lot 25, Block 8, Medicine Lake Park Third 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 Cory
and Ellen Tell for variances for redevelopment of a non -conforming lot and impervious surface
coverage to allow constriction of a new single-family home at 2560 Medicine Lake Boulevard
East, subject to the following conditions:
1. This resolution approves variances to allow 1) redevelopment of an existing lot of record that
is non -conforming due to lot width and lot area, and 2) impervious surface coverage of 34.7
percent, in accordance with the application received by the City on March 14, 2007 and
revised plans received on April 10, 2007, except as may be amended by this resolution.
2. The variances are approved with the findings that the applicable variance standards are met, as
follows:
a) The subject lot is an existing lot of record that was created prior to modern zoning and
subdivision regulations. The lot is long and narrow and the applicants are proposing to
Resolution 2007-241
(2007024)
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place the home at a setback consistent with the neighboring homes, which results in a site
plan that exceeds the allowable lot coverage. Without the variances, the lot could not be
redeveloped in a manner in keeping with the established neighborhood character.
b) The circumstances related to this request are not generally applicable to other properties in
the RSF-2 district. This lot and all of the neighboring lots are non -conforming. The
original platting established a lot configuration that does not serve the needs of present
day land use, unless variances are granted.
c) The request is not based exclusively upon a desire to increase value or income potential.
The existing home on the property is 801 square feet and was constricted in 1940. The
size of the existing home is substantially less than current average home sizes.
d) The conditions relating to the hardship were not created by the applicants, but rather were
created by the original platting of the lot in the early 1900's. The applicants purchased the
property in 2005. The applicants would decrease the impervious surface on the lot and
would utilize a Best Management Practice to treat surface water on their property.
e) The proposal would not be detrimental to the public welfare or injurious to the
neighborhood. Many lots in this neighborhood have a similar lot width and exceed 25
percent impervious surface coverage. Additionally, the size, location and style of the
proposed home would be compatible with the neighborhood.
f) The proposal would not impair an adequate supply of light and air to adjacent properties,
increase the danger of fire, endanger the public safety, or diminish property values within
the neighborhood. The proposed home would meet or exceed all setback requirements for
homes located in the RSF-2 zoning district.
g) The variance request is reasonable based upon the unique conditions of the parcel, and
strikes a balance between allowing a redevelopment of the property to occur while
minimizing the extent of the variation needed to alleviate the hardship.
3. Building permits are required prior to demolition of the existing structures and prior to
construction of the new home.
4. Prior to issuance of a building permit, the applicant shall submit and receive approval of a
plan for Best Management Practice to treat surface water on the subject property.
5. Adjacent paved streets shall be kept free of mud, sand, and silt as a result of constriction.
6. The addition shall comply with all standards specified for the RSF-2 (Residential Single
Family Detached 2) zoning district. No variances other than lot width, lot area, and
impervious surface are granted or implied.
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7. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
8. 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 May 22, 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 May 22, 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