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HomeMy WebLinkAboutCity Council Resolution 2007-410CITY OF PLYMOUTH RESOLUTION 2007-410 DENYING A REZONING, PRELIMINARY PLAT, FINAL PLAT AND VARIANCES FOR TWO SINGLE-FAMILY LOTS TO BE KNOWN AS "HOMELAND" LOCATED AT 4520 HOLLY LANE NORTH (2007060) WHEREAS, Greg Hoglund and Gary Anderson have requested approval of a rezoning, preliminary plat, final plat and variances to divide the subject property into two lots for property located at 4520 Holly Lane North; and WHEREAS, the property is legally described as follows: The South 275.00 feet of the West 145.00 feet of the Southeast Quarter of the Southwest Quarter of Section 8, Township 118 North, Range 22 West of the 5th Principal Meridian NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by Greg Hoglund and Gary Anderson, for rezoning from FRD (Future Restricted Development District) to RSF-1 (Single Family Detached 1), and a Preliminary and Final Plat to create two lots to be know as "Homeland" located at 4520 Holly Lane North, based on the following findings: 1. The applicant is proposing to create two 15,400 square foot lots that do not meet the minimum 18,500 square foot lot area requirement of the RSF-1 Zoning District. 2. The proposed development would create two substandard RSF-1 lots, which would not be compatible with the existing character of the surrounding properties. 3. The existing single family home can continue without impediment in the FRD District. 1 FURTHER, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by Greg Hoglund and Gary Anderson for lot area variances to allow two 15,400 square foot lots, where 18,500 square feet is the maximum specified in the RSF-1, Zoning District, based on the following findings: 1. There are no particular physical surroundings, shape, or topographical conditions that create a hardship for this application. A hardship exists if the property cannot be reasonably utilized under the terms of the Ordinance. The existing property contains a total of 30,800 square feet, which is 12,300 square feet larger than the minimum lot area requirement of the requested RSF-1 zoning. No conditions exist to prevent reasonable use of this property as it is currently developed, which is consistent with the use and fiinction of the FRD Zoning District. 2. There are no unique conditions related to the parcel that are not shared by other parcels in the same zoning classification. Many lots in Plymouth zoned RSF-1 have lot area over the minimum requirements. Therefore, the situation is not unique to the applicant's lot. In addition, the intent of applying the RSF-1 district to these properties is as stated in the purpose of the district, to protect and maintain the existing larger lot neighborhoods. Allowing subdivisions of land smaller than the district minimum does not achieve that purpose. The average lot size (within 300 feet of the subject property) in the residential development to the south is 20,147 square feet and in the development to the west is 19,834 square feet. Therefore, this lot as it exists today is in general conformance with the lots in the neighborhood. Approval of the variances would allow the creation of two lots that are smaller than the average lots in the area. In addition, the FRD zoning of the property permits the existing single family home on the property. 3. The purpose of the variation is based on the desire to increase the value and income potential of the land. Subdivision, by its nature causes an immediate increase in the value and income potential of the parcel of land. 4. The alleged difficulty or hardship is not caused by the ordinance, but rather is self-imposed by the applicant. The minimum lot size and lot area requirements of the RSF-1 district were in place when the applicant purchased this lot in 1993. 5. Approval of the request would allow the creation of new lots that are not consistent with the established development pattern of this neighborhood. The proposed lots would be roughly 4,500 square feet smaller than the average lot areas within 300 feet of the subject property. 6. The variance would not impair an adequate supply of light or air to the adjacent property, or increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety or diminish property values within the neighborhood. 2 7. There is no hardship (as defined by the ordinance) because reasonable use for this property exists without a variance. 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