HomeMy WebLinkAboutCity Council Resolution 2004-167CITY OF PLYMOUTH
RESOLUTION 2004-167
APPROVING A VARIANCE TO ALLOW A SIDE YARD SETBACK OF 5.4 FEET FOR
CONVERSION OF A GARAGE TO LIVING SPACE AT 10106 SOUTH SHORE DRIVE
(2004017)
WHEREAS, an application has been filed by Ronald Malone for property legally described as
follows:
Lot 8, East Medicine Lake Addition and part of vacated South Shore Drive per
Document Number 2222016
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 Ronald
Malone for a variance to allow a side yard setback of 5.4 feet for conversion of a garage to living
space at 10106 South Shore Drive, subject to the following conditions:
1. This resolution approves a side yard setback of 5.4 feet for conversion of a garage to living
space at 10106 South Shore Drive, in accordance with the plans and application received by
the City on February 25, 2004, except as amended by this resolution.
2. The variance for side yard setback is approved with the finding that the applicable variance
standards are met. Specifically:
(a) The property is an undersized lot that is subject to shoreland district requirements, which
limit impervious surface coverage. The property is further impacted by a non -conforming
side yard setback in the area that is proposed for conversion to living area. The requested
variance would allow the applicant to modify his home in a location that would not add to
the area covered by impervious surface.
Resolution 2004-167
(2004017)
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(b) The subject lot is unique as it was developed prior to current zoning requirements, plus it
is subject to shoreland regulations.
(c) The request is not based exclusively upon a desire to increase the value or income
potential of the property. The proposal would allow the applicant to increase the livability
of his home.
(d) The conditions relating to the hardship were not created by the applicant, but rather were
created by the Zoning Ordinance and the original constriction of the home in 1952.
(e) Granting the variance would not result in any change to the physical setback of the
stricture, however the use of the area would change from garage space to living space.
The applicant has designed the project to minimize the variance required and would bring
the property into compliance with shoreland district requirements. The proposal would
not detract from the appearance of the home or surrounding properties.
(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) The requested variance is the minimum action required to eliminate the hardship and to
improve the livability of the home for the applicant. The applicant has proposed the
garage conversion and garage addition on existing pavement to eliminate the need for
additional impervious surface required for the project. As a part of the proposal, the
applicant would bring the property into compliance with impervious surface coverage
requirements.
3. Prior to issuance of a building permit for the garage addition, approval of an Administrative
Permit is required.
4. Prior is issuance of a building permit, the applicant shall remove the concrete patio and
walkway in the rear yard of the property.
5. Building permits are required prior to constriction of the proposed work.
6. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
7. This 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
Resolution 2004-167
(2004017)
Page 3 of 3
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 April 27, 2004.
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 27, 2004, 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