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HomeMy WebLinkAboutCity Council Resolution 2007-418CITY OF PLYMOUTH RESOLUTION 2007-418 APPROVING VARIANCES FOR IMPERVIOUS SURFACE COVERAGE AND SIDE YARD SETBACK TO ALLOW CONSTRUCTION OF AN ATTACHED GARAGE WITH LIVING AREA ABOVE FOR RODNEY AND LINDA BURANEN FOR PROPERTY LOCATED AT 2640 E. MEDICINE LAKE BLVD (2007082) WHEREAS, an application has been filed by to allow an attached garage with living area for property legally described as follows: Lot 18, Block 5, Medicine Lake Park -1 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 Rodney and Linda Buranen for variances to allow an addition for an attached garage with living space above for side yard setback and for impervious surface coverage at 2640 E. Medicine Lake Blvd, subject to the following conditions: 1. This resolution approves variances as follows: 1) a side yard setback of ten feet along the northwest property line for an attached garage and 2) 35.8 percent impervious surface coverage for a 30 -foot by 30 -foot garage with living space above, in accordance with the plans and application received by the City on August 20, 2007, except as amended by this resolution. 2. The variances are approved with the finding that the applicable variance standards are met. Specifically: a) The lot contains 9,952 square feet and is 50 feet wide where 18,500 square feet in area and 110 feet in width are required. The home, garage and driveways were built prior to the application of the lot size and impervious surface regulations. The size, width, and location of the improvements on the lot create a hardship for the applicants. b) The plat creating the subject property was recorded prior to modern zoning and subdivision regulations, which is not common to most RSF-1 zoned properties. c) The request is not based exclusively upon a desire to increase value or income potential of the property, but rather for the improved livability of the property owners. Resolution 2007-418 (2007082) Page 2 of 3 d) The lot and improvements were created prior to current regulations for zoning, including minimum lot size and impervious surface coverage and consequently the hardship is caused by the Zoning Ordinance and has not been self-created. e) Granting the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood as the subdivision is fully developed. The reduced setbacks would not be inconsistent with the neighborhood as many of the homes in the area were constricted prior to modern zoning regulations and were constricted at six and ten feet from the property lines. Additionally, the applicant is proposing four BMP's (Best Management Practices) to reduce the impact on the neighborhood, including, reducing their impervious surface coverage, using pervious paving, installing rain gardens and using rain barrels. 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. f) The requested variances are the minimum action required to eliminate the hardship. 3. A building permit is required prior to construction of the detached 2ara2e. 4. Prior to issuance of a building permit, the applicant shall submit final designs for the addition, rain garden and driveway consistent with City Code and all City policies. 5. Prior to building permit final inspection, the applicant shall constrict the rain garden and install the rain barrels on the property. 6. Adjacent paved streets shall be kept free of mud, sand, and silt as a result of constriction. 7. Except for the variances approved by this resolution, the addition shall comply with all standards specified for the RSF-1 (Residential Single Family Detached 1) zoning district. No other variances are granted or implied. 8. The building materials of the garage shall match the exterior materials of the home. 9. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 10. 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 October 9, 2007. Resolution 2007-418 (2007082) Page 3 of 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 October 9, 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