HomeMy WebLinkAboutCity Council Resolution 2005-210CITY OF PLYMOUTH
RESOLUTION 2005-210
APPROVING VARIANCES TO THE MINIMUM LOT WIDTH AND AREA TO ALLOW A
MINOR SUBDIVISION TO CREATE TWO LOTS FOR PROPERTY LOCATED AT 9920
28TH AVENUE NORTH (2005003)
WHEREAS, an application has been filed by Avery Homes which requests approval of variances
to allow the creation of two lots with less than the required area and one lot with less than the
required lot width for property legally described as follows:
Lots 4 and 5, Block 4, Ridgecrest Addition.
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 Avery
Homes for variances to allow 1) Lot 5 to be created with 10 1. 4 feet of frontage where the 110
feet is required and 2) a lot area of 18,360 square feet for Lot 4 and 18,257 square feet for Lot 5
where 18,500 square feet is required on property located at 9920 28"' Avenue North, based upon
the following findings and conditions:
This variance is granted in accordance with the plans received by the City on January 7, 2005,
except as may be amended by this resolution, based on the findings that the applicable
standards have been met as follows:
a. The subject property was originally two lots, each of which was conforming to the Zoning
Ordinance requirements for a subdivision unit project when created. The two proposed lots
are similar in shape and lot width to the surrounding properties and are in keeping with the
surrounding neighborhood.
b. The situation is unusual and not applicable generally to other property within the same
zoning classification because the lots were originally platted for separate development.
c. The variances would allow the site to be divided in a manner that makes reasonable use of
the land while preserving the character of the neighborhood.
Resolution 2005-210
(2005003)
Page 2
d. The proposal would result in one new house, which would be on a lot of a size and width
similar to other lots in the area. As both lots were part of the original plat, the additional
lot would not increase the intended density of the Ridgecrest Addition.
e. Granting the variance 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. In addition, the subdivision would not increase congestion
as the new single-family home is estimated to create approximately 10 trips per day. This is
an insignificant increase, even on a local street.
b. The requested variance is the minimum action required to eliminate the hardship. Lot 5
would be less than 8.6 feet narrower than required by Ordinance and would have 243 fewer
square feet in area, a difference of 1.3 percent. Lot 4 would conform to the required lot
width and would have 173 fewer square feet in area than required by Ordinance, a
difference of less than one percent.
2. Prior to the approval of the minor subdivision, the applicant shall submit a grading plan
consistent with City requirements that addresses the accumulation of storm water in the low
area on the property.
3. Separate permits are required prior to commencement of constriction.
4. No building permits shall be issued until the minor subdivision is recorded and proof of
recording is received by the City.
5. This approval shall expire one year after the date of approval, unless the applicant has
recorded the minor subdivision or 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 June 14, 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 June 14, 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