HomeMy WebLinkAboutCity Council Resolution 2005-157CITY OF PLYMOUTH
RESOLUTION 2005-157
APPROVING A SHORELAND VARIANCE FOR IMPERVIOUS SURFACE AREA
COVERAGE AND AN INTERIM HOME OCCUPATION LICENCE FOR MESSAGE
THERAPY AT 11917 — 23PJ' AVENUE NORTH (2005018)
WHEREAS, an application has been filed by Thomas Stout for a shoreland variance to allow 44.4
percent impervious surface where 25 percent is the maximum allowed by the Zoning Ordinance
for home and garage addition for property legally described as follows:
Lot 10, Block 1, Penwalk, 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
Stout for a shoreland variance for a home and garage addition and an interim home occupation
license for massage therapy at 11917 — 2-1 Avenue North, subject to the following conditions:
1. This resolution approves a shoreland variance to allow 44.4 percent impervious surface
coverage for a home and garage addition, and an interim home occupation license for message
therapy, in accordance with the plans and application received by the City on March 4, 2005,
March 14, 2005, and revised survey received on March 25, 2005, except as amended by this
resolution.
2. The variance for impervious surface coverage is approved with the finding that the applicable
variance standards are met. Specifically:
(a) The conditions of the parcel are unique due to the unique right-of-way surrounding the
property. The property is a corner lot with two front yards and an alley. There are 24 feet
of natural right-of-way from the applicant's front property line to the road edge of Ives
Lane, which is a public gravel road. The City has no plans to improve or widen this public
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road. A 24 -foot wide right-of-way from a public road to a property line is larger than
what is typical throughout the City. This area provides additional natural area adjacent to
the applicant's property.
(b) The circumstances related to this request are not generally applicable to other properties in
the RSF-3 district. The Penwallc neighborhood is unique due to lots that were platted
prior to modern zoning and subdivision regulations. The original platting established a lot
configuration that does not serve the needs of present day land use. The applicant must
request a variance to allow a two -car garage addition and driveway, which is reasonable.
(c) The request is not based exclusively upon a desire to increase value or income potential of
the property; but rather, the variance is necessary to constrict a garage and modest home
addition for the use of the homeowners and family. The home has an existing one -car
garage that is not of sufficient size for one vehicle. A two -car garage is a reasonable
improvement in a cold climate.
(d) The conditions relating to the hardship were not created by the applicant, but rather were
created by the original platting of the lot in the early 1900's. The existing conditions do
not comply with hardcover requirements. In addition, the applicant purchased the
property in 1994.
(e) Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. The garage and home addition, and site
improvements would not be out of character for the neighborhood. The adjacent
properties to the west use the existing alley on the south side for access to their properties.
In addition, the materials of the garage and home addition would match the existing home.
(f) The variance would not impair an adequate supply of light and air to adjacent property, or
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) With the removal of the gravel parking area in the right-of-way for 2-1 Avenue North, the
proposal would be the minimum action necessary to improve the livability home.
3. A building permit is required prior to constriction of the home and garage addition.
4. Prior to building permit final inspection, the applicant shall remove the gravel parking surface
(roughly 716 square feet), except the sidewalk extension, located in the right-of-way for 2-1
Avenue North, which is directly north of the subject property. The gravel parking area shall
be converted to a pervious surface such as grass.
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5. Prior to issuance of a building permit, the applicant shall receive approval of an administrative
permit to allow the building expansion of a non -conforming building related to the east, side -
yard setback. The building expansion shall not increase the non -conformity.
6. Prior to issuance of a building permit, silt fence shall be installed to prevent off site erosion.
7. The applicant shall grade a swale on the east side of the home and garage addition to the alley
on the south side of the property.
8. Adjacent paved streets shall be kept free of mud, sand, and silt as a result of constriction
traffic.
9. The addition shall comply with all standards specified for the RSF-3 (Residential Single
Family Detached 1) zoning district. No variances other than the impervious surface variance
are granted or implied.
10. The building materials of the addition shall match the exterior materials of the home.
11. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
12. 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.
13. Compliance with Section 21145 of the Zoning Ordinance, relating to Home Occupations.
14. The applicant meets all the general standards for home occupations and all the specific
requirements for interim home occupations. Specifically, staff finds:
(a) The home occupation would be clearly incidental and secondary to the residential use of
the premises, would not change the residential character of the neighborhood, and would
not result in a disturbance to the surrounding uses.
(b) On -street parking facilities would not be utilized to accommodate parking demand.
(c) Less than 25 percent of one story of the home would be used for the home occupation.
(d) No person other than those who reside in the home would be employed on the premises.
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15. The interim home occupation license is valid for one year from the date of approval. The
applicant may apply to the Zoning Administrator for renewal of the interim home occupation
prior to expiration of the license.
Adopted by the City Council on April 26, 2005.
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 April 26, 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