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HomeMy WebLinkAboutCity Council Resolution 2005-018CITY OF PLYMOUTH RESOLUTION 2005-018 APPROVING A VARIANCE TO ALLOW STOOPS AND STEPS CONSTRUCTED WITHIN THE FRONT YARD FOR SIX ATTACHED DWELLING UNITS LOCATED AT 16231 TO 16251 50TH AVE NORTH IN THE "FIELDS OF NANTERRE, THIRD ADDITION" (2004149) WHEREAS, an application has been filed by Ryland Homes requesting approval of a variance to allow steps and stoops for each of the six dwellings where the Zoning Ordinance requires a 25 - foot setback from 50"' Ave North, and WHEREAS, the subject property is legally described as follows: Lots 1-6, Block 1, Fields of Nanterre, Third 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 of Ryland Homes for a variance to allow steps and stoops for all six dwelling units to be constricted within the 25 -foot front -yard setback, for property located at 16231 to 16251 50"' Avenue North., subject to the following findings and conditions: 1. This variance is granted in accordance with the plans received by the City on December 21, 2004, except as may be amended by this resolution. 2. The variance is granted based upon findings that the applicable variance standards have been met, as follows: a) The applicant has stated that the physical shape of the lot and topographic conditions of the site require that the constriction of the stoops within the front -yard setback. Each of the townhouses is designed with the front entrance four feet higher than the garage entrance at the back of the unit. The steps and stoops are required to make up the Resolution 2005-018 (2004149) Page 2 difference between the front and back elevations and is integral to the design as a Georgetown -style townhouse. b) No other buildings are likely to be affected by the requirement because of the additional yard area in front of the other buildings that front public streets. Steps and stoops are typically shown on the plans submitted with the subdivision application and the situation is typically corrected prior to approving the final plat. c) Rather than increase the value or income potential of the parcel of land, the applicant maintains that the variance would allow safe access to the homes by providing an uncovered stoop on a foundation and steps to the front door. Without the front entrance, the dwellings would only have vehicular access into the dwelling. Re -grading the site to remove the grade difference would alter the design of the building. d) The applicant maintains that the hardship is caused by the ordinance, not by the design of the dwelling. Many homes in Plymouth have sidewalks and steps within the front -yard. During the next Zoning Ordinance update, staff will review the situation to determine if the hardship is unique to this situation or is creating a hardship for other properties with grade changes in the front yard. e) The proposal would have no effect on public welfare or be injurious to other land or improvements in the neighborhood. The appearance of the steps and stoops would not be likely to be noticeable within the greater design of the Fields of Nanterre Third Addition as all the other units in the Third addition would have similar steps and stoops. f) Granting the variance to add the steps and stoops into the front yard would not affect the character of the area nor impair an adequate supply of light and air to adjacent property, endanger the public safety, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. g) The applicant has requested the minimum variance necessary to eliminate the hardship. 3. Building permits shall be obtained prior to constriction of the dwellings. 4. This approval shall expire one year after the date of approval, unless the applicant has substantially started constriction of the project, or unless the 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 January 25, 2005. Resolution 2005-018 (2004149) 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 January 25, 2005, 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