HomeMy WebLinkAboutCity Council Resolution 2005-239CITY OF PLYMOUTH
RESOLUTION 2005-239
APPROVING A SIDE YARD SETBACK VARIANCE AND AN IMPERVIOUS SURFACE
VARIANCE FOR SALLY USSELMAN FOR PROPERTY LOCATED AT 10215 SOUTH
SHORE DRIVE (2005058)
WHEREAS, an application has been filed by Sally Usselman, which requests approval of a
variance to allow a 5.7 -foot side -yard setback and 28 -percent impervious surface area coverage
for property legally described as follows:
Tract C also that part of Tract D Northerly of a line running from a point in West line thereof
distant 45 feet North from Southwest corner thereof to a point in East line thereof distant 95 feet
North from Southeast corner thereof, Registered Land Survey Number 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 variance request of
Sally Usselman to allow a 5.7 -foot side -yard setback where 10 feet is required, and 28 -percent
impervious surface area coverage where 25 percent is required for property located at 10215
South Shore Drive, subject to the following findings and conditions:
1. This variance request to permit a 5.7 -foot side yard setback and 28 -percent impervious
surface is hereby approved in accordance with the application and plans received by the City
on May 17, 2005, except as amended by this resolution.
2. This resolution is approved with the finding that the applicable variance standards have been
met. Specifically:
Resolution 2005-239
(2005058)
Page 2
a. The lot, at 11,175 square feet, is smaller than the minimum lot size of 12,500 square feet
specified for the RSF-2 Zoning district. The lot is also narrow, which makes expansion
difficult to achieve without a variance. In addition, the property abuts East Medicine Lake
Park, which provides open space to the east side of the applicant's property. There are no
neighboring homes to the east. Approval of the variances would allow the applicant to
bring their existing home in conformance with the Zoning Ordinance and would allow the
applicant to improve the property by constricting a second level home addition.
b. The addition is adjacent to a City park to the east. The majority of residential properties
in the RSF-2 Zoning classification do not share this same condition.
c. The request is not based upon a desire to increase value or income potential of the
property. The proposal would allow the applicant to maintain the existing home addition
that was constricted by a previous owner. In addition, the home expansion does not
detract from the appearance of the home or surrounding properties.
d. The hardship is caused by the Zoning Ordinance and has not been self-created. The home
addition was not constricted by the applicant.
e. Granting the variances would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. The addition was constricted to be consistent
with the character of the home.
f. The variances 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. The requested variances are the minimum action required to eliminate the hardship. The
applicant is not proposing any new constriction that would need a variance.
3. Building permits are required prior to the commencement of any constriction related to the
project.
4. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
5. The permit is subject to all applicable codes, regulations and ordinances, and violation
thereof shall be grounds for revocation.
Resolution 2005-239
(2005058)
Page 3
ADOPTED by the City Council on June 28, 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 28, 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