HomeMy WebLinkAboutCity Council Resolution 2013-264CITY OF PLYMOUTH
RESOLUTION No. 2013-264
A RESOLUTION APPROVING A VARIANCE FOR JESUS DIAZ FOR
PROPERTY LOCATED AT 3225 COUNTY ROAD 101 (2013059)
WHEREAS, Jesus Diaz has requested approval of a variance for a detached garage that
would: 1) be located within a front yard area; and 2) contain over 700 square feet; and
WHEREAS, the subject property is legally described as Lot 2, Block 3, Roger L.
Johnson's I" Addition, Hennepin County, Minnesota; and
WHEREAS, the Planning Commission has reviewed said request at a duly called public
meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the
request by Jesus Diaz for a variance to allow constriction of a new detached garage for property
located at 3225 County Road 101, subject to the following:
1. The requested variance to allow an 864 -square foot detached garage within a front yard area
is hereby approved, in accordance with the application and plans received by the city on
July 3, 2013, except as may be amended by this resolution.
2. The requested variance is approved, based on the finding that all applicable variance
standards have been met, specifically:
a) The requested variance, and its resulting constriction, would be in harmony with the
general purposes and intent of the ordinance, and would be consistent with the city's
comprehensive plan.
b) The applicant has demonstrated that there are practical difficulties in complying with
the ordinance regulations, because:
1. The applicant proposes to use the property in a reasonable manner.
2. The request is due to unique circumstances that were not created by the applicant.
The home was built in 1920. Because the applicant's home is positioned less than
five feet away from County Road 101 right-of-way, his is the only property in the
neighborhood that does not have an "equivalent rear yard" area where a detached
accessory building could be located. Any detached accessory building on the lot
would require a variance.
3. The variance would not alter the essential character of the lot or neighborhood.
The applicant is proposing to constrict the detached garage in the same general
location as the existing detached garage, which would be removed.
Resolution 2013-264
(2013059)
Page 2
c) The requested variance is not based upon economic considerations. The applicant is
requesting the variance in order to reconstruct a garage on the property.
d) The variance, and its resulting constriction, would not be detrimental to the public
welfare, nor would it be injurious to other land or improvements in the neighborhood.
The proposed garage would allow the applicant's family to keep their vehicles and yard
equipment out of the elements.
e) The variance, and its resulting constriction, would not impair an adequate supply of
light and air to adjacent properties, nor would it increase traffic congestion or the danger
of fire, endanger the public safety, or substantially diminish property values within the
neighborhood.
f) The variance requested is the minimum action required to address the practical
difficulties.
3. A building permit is required prior to commencement of the proiect.
4. In conjunction with the building permit for the detached garage, the applicant shall remove
the existing detached garage from the property.
5. The variance shall expire one year after the date of approval, unless the property owner or
applicant has commenced the authorized improvement or use, or unless the applicant, with
the consent of the property owner, has received prior approval from the city to extend the
expiration date for up to one additional year, as regulated under section 21030.06 of the
zoning ordinance.
ADOPTED by the Plymouth City Council on August 13, 2013.
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 August 13, 2013, 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