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HomeMy WebLinkAboutCity Council Resolution 2006-439CITY OF PLYMOUTH RESOLUTION 2006-439 APPROVING VARIANCES FOR HOLLY HAMILTON FOR REDEVELOPMENT OF A NON -CONFORMING LOT, IMPERVIOUS SURFACE COVERAGE AND FRONT SETBACK FOR PROPERTY LOCATED AT 10620 30TH AVENUE NORTH (2006097) WHEREAS, an application has been filed by Holly Hamilton which requests approval of variances for redevelopment of a non -conforming lot, impervious surface coverage, and front setback to allow constriction of a new single-family home for property legally described as follows: Lot 15, Auditors Subdivision 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 Holly Hamilton for variances for redevelopment of a non -conforming lot, impervious surface coverage, and front setback to allow constriction of a new single-family home at 10620 30"' Avenue North, subject to the following conditions: 1. This resolution approves variances to allow 1) redevelopment of an existing lot of record that is non -conforming due to lot area and width; 2) impervious surface coverage of 36.4 percent; and, 3) a front setback of 15.3 feet in accordance with the plans and materials received by the City on September 21 and October 2, 2006, except as may be amended by this resolution, with the findings that the applicable variance standards are met, as follows: a. The subject lot is an existing non -conforming lot of record that was created prior to modern zoning and subdivision regulations The applicant proposes to improve the property by removing an existing single-family home originally built as a cabin and subsequently constricting a new single-family home with a detached garage. The Resolution 2006-439 (2006097) Page 2 undersized nature of the lot with its shallow and narrow shape results in a need to exceed the allowable impervious surface coverage and the front setback.. b. The circumstances related to this request are not generally applicable to other properties in the RSF-1 district. The Auditors Subdivision 333 is unique due to its non -conforming lots platted prior to modern zoning and subdivision regulations. These circumstances established a lot configuration that does not readily serve the needs of present-day land use, unless variances are granted.. c. The request is not based upon a desire to increase value or income potential. The proposal would allow the applicant to build a new single-family home on this residentially zoned lot, replacing a 1930's era cabin. The new home with its larger space would also allow the applicant's mother to reside with her. d. The hardship relating to the lot area and width was not created by the applicant, but rather was created by the original platting of the lot in the 1940's. The difficulties relating to the requested variances for impervious surface coverage and a small, narrow lot are a result of factors beyond the applicant's control. e. The proposal would not be detrimental to the public welfare or injurious to the neighborhood. Many lots in this neighborhood have a similar lot area and width and exceed 25 percent impervious surface coverage. f. The proposal would not impair an adequate supply of light and air to adjacent properties, increase the danger of fire, endanger the public safety, or diminish property values within the neighborhood. g. The request, including the applicant's proposal to reduce the amount of impervious surface on the property, as well as showing two raingardens, is reasonable and strikes a balance between allowing redevelopment to occur while preserving neighborhood character and minimizing the extent of the variations needed to alleviate the hardship. 3. Separate demolition and building permits are required prior to any constriction activity on the property. 4. Any changes or expansions are subject to required reviews and approvals per Ordinance provisions. 5. 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 2 103 0. 06 of the Zoning Ordinance. ADOPTED by the City Council on November 14, 2006. Resolution 2006-439 (2006097) Page 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 November 14, 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