HomeMy WebLinkAboutCity Council Resolution 2007-250CITY OF PLYMOUTH
RESOLUTION 2007-250
APPROVING A SETBACK VARIANCE TO ALLOW CONSTRUCTION OF AN
ADDITION FOR PROPERTY LOCATED AT 5630 SYCAMORE LANE (2007052)
WHEREAS, an application has been filed by Gallagher Constriction, Inc., which
requests approval of a setback variance to allow constriction of an addition for property
legally described as follows:
Lot 2, Block 1, BASS LAKE HEIGHTS -1 ADDITION, 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 Gallagher Constriction, Inc. for a setback variance to allow constriction of an
addition for property located at 5630 Sycamore Lane, subject to the following conditions:
1. This resolution approves a variance to allow a side yard setback of 12 feet from the
south lot line where 15 feet is specified, in accordance with the application and plans
received by the City on May 17, 2007, except as may be amended by this resolution.
2. The exterior of the addition shall be finished to be compatible in design and materials
with the existing structure.
3. This resolution is approved with the finding that the applicable variance standards
have been met. Specifically:
a. The home was constricted in 1985 under a PUD that allowed the living portion of
the home to be located as close as ten feet from the side lot lines, and the attached
garage to be located as close as six feet from the side lot lines. The home
exceeded the setback standards when it was constricted, and the proposed
addition could have been constricted in compliance with the setback regulations
Resolution 2007-250
(2007052)
Page 2
in place at that time. The City's 1996 rezoning of the site from PUD to RSF-1
resulted in the home becoming lawfully nonconforming to the side yard setback
regulations. When the home was constricted, it was slightly canted on the lot
resulting in a condition where the stricture gets closer to the south lot line as the
south wall is extended to the east.
b. The City's rezoning of the site from PUD to RSF-1 created a nonconforming
setback. This condition is not generally applicable to other property within the
same zoning classification.
c. The requested variance is not based exclusively upon a desire to increase land
value or income potential of the property.
d. The hardship was not created by the applicant or homeowners. The homeowners
purchased the property in 2000.
e. The granting of the variance would not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood.
f. The proposed addition would not impair an adequate supply of light or air to
adjacent property, nor would it substantially increase congestion in public streets,
increase the danger of fire, endanger the public safety, or substantially diminish
property values within the neighborhood.
g. The requested variance is the minimum action necessary to eliminate the
hardship.
4. Prior to construction, the applicant shall obtain all applicable permits from the
Building Division.
5. 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 landowner 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 June 12, 2007.
Resolution 2007-250
(2007052)
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 June 12, 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