HomeMy WebLinkAboutCity Council Resolution 2007-279CITY OF PLYMOUTH
RESOLUTION 2007-279
APPROVING A VARIANCE TO ALLOW A NINE -FOOT SIDE YARD SETBACK
WHERE 15 FEET IS REQUIRED FOR THE CONSTRUCTION OF A GARAGE
ADDITION FOR PROPERTY LOCATED AT 4810 TRENTON LANE NORTH
(2007046)
WHEREAS, an application has been filed by Craig Spencer, which requests approval of a
six-foot setback variance to permit constriction of a garage addition for property legally
described as follows:
Lot 5, Block 2, ROLLING HILLS PARK 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 Craig Spencer for a setback variance to allow constriction of a garage addition
for property located at 4810 Trenton Lane North, subject to the following conditions:
1. This resolution approves a variance to allow a nine -foot side yard setback where 15 is
required, in accordance with the plans and application received by the City on May 7,
2007, except as amended by this resolution.
2. The garage addition shall be finished to be consistent in design and materials with the
existing home.
3. The setback variance is approved with the finding that the applicable variance
standards are met. Specifically:
a) The home was constricted in 1985 under a PUD that allowed an attached garage
to be located as close as six feet from the side lot lines. The City's 1996 rezoning
of the site from PUD to RSF-I resulted in a minimum 15 -foot side yard setback
Resolution 2007-279
(2007046)
Page 2
for both living area and attached garages, nine feet more than required under the
PUD.
b) The applicant's home was constricted originally as part of a planned unit
development (PUD). Because it was part of a PUD, setbacks and other design
guidelines were approved based upon a plan different from those in the current
RSF-1 zoning district.
c) The request is not based exclusively upon a desire to increase value or income
potential of the property; but rather, would allow the applicant to comply with
City requirements for home occupations and outdoor storage.
d) The hardship has not been self-created. The existing home was constricted in
1985 as part of a PUD, not according to the setbacks established in the current
RSF-1 zoning district. The applicants purchased the home in 1999.
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 danger of fire, or endanger the public safety, or substantially
diminish or impair property values within the neighborhood. The proposed
addition would be constricted approximately 23 feet from the neighboring home
to the north; whereas, under the original PUD zoning the minimum distance
between strictures was required to be a minimum of 16 feet for the subject lot.
g) The garage room addition is modest in size and represents the minimum action
necessary to alleviate the hardship.
4. A building permit for the addition shall be obtained prior to construction.
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 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.
Resolution 2007-279
(2007046)
Page 3
Adopted by the City Council on June 26, 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 June 26, 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