HomeMy WebLinkAboutCity Council Resolution 2005-444CITY OF PLYMOUTH
RESOLUTION 2005-444
DENYING A REQUEST FOR VARIANCES
MINOR SUBDIVISION TO CREATE TWO
COUNTY ROAD 101 (2005030)
TO LOT WIDTH AND LOT AREA AND A
LOTS FOR PROPERTY LOCATED AT 805
WHEREAS, an application has been filed by Derek Asche which requests approval of a variance
to lot width and lot area and a minor subdivision to create two lots for property legally described
as follows:
Lot 2, Block 4, Frick's Garden Tracts, 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 Derek
Asche for variance to lot width and lot area and a minor subdivision to create two lots for
property located at 805 County Road 101, 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 32,304 square feet, which is 13,804 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 function 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
district, to protect and maintain the existing larger lot neighborhoods. Allowing
subdivisions of land smaller than the district minimum does not achieve that purpose.
Resolution 2005-444
(2005030)
Page 2
The purpose of the variation is based on the desire to increase the value and income
potential of the land. The current house could be converted to a rental property in
partnership with Interfaith Outreach and Community Partners (IOCP). 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 2002.
Approval of the request would allow the creation of new lots that are not consistent
with the established development pattern of this neighborhood. Although Parcel B
would meet the RSF-1 standards, Parcel A would be just over half the size of the
average lot areas within 200 feet of the subject property.
6. There is no hardship (as defined by the ordinance) because reasonable use for this
property exists without a variance.
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