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HomeMy WebLinkAboutCity Council Resolution 2006-388CITY OF PLYMOUTH RESOLUTION 2006-388 APPROVING VARIANCES FOR FRONT YARD SETBACK AND IMPERVIOUS SURFACE COVERAGE FOR THOMAS AND JO ANN BECKER FOR PROPERTY LOCATED AT 10210 SOUTH SHORE DRIVE (2006086) WHEREAS, an application has been filed by Thomas and Jo Ann Becker for a front yard setback variance and impervious surface coverage variance to allow constriction of an attached garage addition for property legally described as follows: Tract A, Registered Land Survey No. 333, 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 Thomas and Jo Ann Becker for a front yard setback variance and impervious surface coverage variance to allow constriction of an attached garage addition at 10210 South Shore Drive, subject to the following conditions: 1. This resolution approves an 11 -foot front setback variance and a shoreland variance to allow 28 percent impervious surface coverage for a 20 -foot by 22 -foot attached garage addition, in accordance with the plans and application received by the City on August 22, 2006, except as amended by this resolution. 2. The variances for front setback and impervious surface coverage are approved with the finding that the applicable variance standards are met. Specifically: a) The lot width and placement of the home on the lot as well as the existing impervious surface coverage would not allow any garage expansion without variances. The fact that the street right-of-way is roughly six feet more than normal and the fact that the Resolution 2006-388 (2006086) Page 2 of 3 applicants are reducing the impervious surface coverage on the lot would mitigate the two variances. b) The circumstances related to this request are not generally applicable to other properties in the RSF-2 district. The Registered Land Survey creating the subject property was recorded prior to modern zoning and subdivision regulations. The originally established lot configuration does not serve the needs of present day land use. The applicant must request a front setback and impervious surface coverage variance to allow a two -car garage addition. c) The request is not based exclusively upon a desire to increase value or income potential of the property; but rather, the variances are necessary to constrict a modest garage for the convenience and improved livability of the property owners. The proposed garage would not detract from the appearance of the home or surrounding properties. The applicant is proposing to constrict the garage addition with materials and design compatible with the exterior of the home. d) The conditions relating to the hardship were not created by the applicants, but date back to th creation of the lot in the 1950's. The applicant 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. The garages on both sides have similar setbacks to what is being proposed by the applicant. In addition, the applicant would design the garage addition to be consistent with the character of the home. 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. g) Addition of a modest -sized two -car garage is reasonable, given Minnesota climate. Therefore, the requested variances represent the minimum action necessary to alleviate the hardship. 3. A building permit is required prior to construction of the 2arne addition. 4. Prior to issuance of a building permit, the applicant shall submit a certified survey with the proposed garage addition and impervious surface area calculation for the property. 5. Prior to building permit final inspection, the applicant shall remove the 196 square foot portion of the driveway on the southwest side of the proposed garage addition. The concrete area shall be converted to a pervious surface. Resolution 2006-388 (2006086) Page 3 of 3 6. Adjacent paved streets shall be kept free of mud, sand, and silt as a result of constriction. 7. The addition shall comply with all standards specified for the RSF-2 (Residential Single Family Detached 2) zoning district. No variances other than front setback and impervious surface variance are granted or implied. 8. The building materials of the addition 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 10, 2006. 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 10, 2006, 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