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HomeMy WebLinkAboutCity Council Resolution 2005-443CITY OF PLYMOUTH RESOLUTION 2005-443 DENYING A REQUEST FOR VARIANCES TO LOT WIDTH, LOT AREA AND IMPERVIOUS SURFACE AREA COVERAGE, AND A MINOR SUBDIVISION TO CREATE TWO LOTS FOR PROPERTY LOCATED AT 16820 — 12TH AVENUE NORTH (2005029) WHEREAS, an application has been filed by Clinton Asche which requests approval of variances to lot width, lot area and impervious surface area coverage, and a minor subdivision to create two lots for property legally described as follows: Lot 5, Block 5, City View Acres, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by Clinton Asche for variances to lot width, lot area and impervious surface area coverage, and a minor subdivision to create two lots for property located at 16820 — 12"' Avenue North, based upon the following findings: 1. There are no particular physical surroundings, shape, or topographical conditions that create a hardship for this application. A hardship exists if the property cannot be reasonably utilized under the terms of the Ordinance. The existing property contains a total of 28,615 square feet, which is 10,115 square feet larger than the minimum lot area requirement. No conditions exist to prevent reasonable use of this property as it is currently developed, which is consistent with the use and fiinction of the RSF-1 zoning district. 2. There are no unique conditions related to the parcel that are not shared by other parcels in the same zoning classification. Many lots in Plymouth zoned RSF-1 have lot area over the minimum requirements, as is the case with the existing property. Therefore, the situation is not unique to the applicant's lot. In addition, the intent of applying the RSF-1 district to these properties is as stated in the purpose of the Resolution 2005-443 (2005029) Page 2 district, to protect and maintain the existing larger lot neighborhoods. Allowing subdivisions of land smaller than the district minimum does not achieve that purpose. Furthermore, there are a large number of lots located within Shoreland Management Overlay Districts in the City of Plymouth and those lots would be subject to the same impervious surface area requirements as the applicant. 3. The purpose of the variation is based on the desire to increase the value and income potential of the land. The current house is a rental property in partnership with Interfaith Outreach and Community Partners (IOCP). The rent earned from the property is not likely to change based on the subdivision. The applicant also proposes to constrict a modest house on Parcel A. However, the applicant has not stated that the new home would be affordable housing. Subdivision, by its nature causes an immediate increase in the value and income potential of the parcel of land. 4. The alleged difficulty or hardship is not caused by the ordinance, but rather is self- imposed by the applicant. The minimum lot size and lot area requirements were in place when the applicant purchased this lot in 2004. In addition, the Zoning Ordinance states that all property within 1,000 feet of a lake is located within the Shoreland Management Overlay District. Such properties are limited to 25 percent impervious surface coverage, regardless of whether or not they actually abut the protected lakeshore. Although the applicant may be inconvenienced by having to comply with the impervious surface area requirements, there is no hardship. All properties within the Shoreland Management Overlay Districts must comply with the same impervious surface area restrictions. The impervious surface area limitations are required to preserve the water quality in the City's lakes. Limiting impervious surface area in the Shoreland Management Overlay District is one of the primary means to effectively limit the water runoff and pollution that enters the lake from this development. 5. Approval of the request would allow the creation of lots that are not consistent with the established development pattern of this neighborhood. Parcel B would be just over three quarters of the average lot areas within 200 feet of the subject property. Parcel A would be just over half of the average lot areas within 200 feet of the property. 6. There is no hardship (as defined by the ordinance) because reasonable use for this property exists without a variance. Resolution 2005-443 (2005029) Page 3 ADOPTED by the City Council on November 29, 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 November 29, 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