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HomeMy WebLinkAboutCity Council Resolution 2007-392CITY OF PLYMOUTH RESOLUTION 2007-392 APPROVING A VARIANCE FOR REAR YARD SETBACK FOR STEELE CONSTRUCTION SERVICES INCORPORATED FOR PROPERTY LOCATED AT 5300 NORWOOD LANE NORTH (2007079) WHEREAS, an application has been filed by Steele Constriction Services, Inc. for a rear yard setback variance to allow constriction of a garage addition for property legally described as follows: Lot 6, Block 1, WIND RIDGE AT BASS LAKE 6TH 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 Steele Constriction Services, Inc. for a rear yard setback variance to allow constriction of a garage addition at 5300 Norwood Lane North, subject to the following conditions: 1. This resolution approves a 13 -foot rear yard setback variance for a garage addition, in accordance with the plans and application received by the City on August 13, 2007, except as amended by this resolution. 2. The variance for rear yard setback is approved with the finding that the applicable variance standards are met. Specifically: a) The subject lot was platted in 1986 and was created as a flag -shaped lot. Due to the placement of the home on the lot, the east property line fiinctions as side yard, although the Zoning Ordinance defines it as a rear yard. The greater rear yard setback requirement creates the hardship. In addition, the proposed addition is the only logical location for an addition due to the design of the home and characteristics of the lot. b) The shape of the lot is unique and does not conform to the RSF-1 district requirements. Resolution 2007-392 (2007079) Page 2 of 3 c) The purpose of the variance is to accommodate space needs of the applicant and is not based exclusively upon the desire to increase the value or income potential of the property. d) The hardship was not created by the applicant or homeowners. The homeowners purchased the property in 2003. 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. The surrounding properties are fully developed with single- family homes and there is a large amount of vegetation between the proposed addition and the properties to the east. g) The requested variance is the minimum action necessary to eliminate the hardship if a portion of the addition is constricted as storage area rather than garage. 3. A building permit is required prior to construction of the 2arne addition. 4. The addition shall comply with all standards specified for the RSF-1 (Residential Single Family Detached 1) zoning district as well as Sections 21120 and 21665 of the Plymouth Zoning Ordinance. No variance other than the rear yard setback variance is granted or implied. 5. The building materials of the garage shall match the exterior materials of the existing home. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. 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. Resolution 2007-392 (2007079) Page 3 of 3 ADOPTED by the City Council on September 25, 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 September 25, 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