HomeMy WebLinkAboutCity Council Resolution 2013-309CITY OF PLYMOUTH
RESOLUTION No. 2013-309
A RESOLUTION APPROVING A VARIANCE FOR
JOHN (JACK) HACKENMUELLER AND MARY FICKE HACKENMUELLER
FOR PROPERTY LOCATED AT 1215 DUNKIRK LANE (2013067)
WHEREAS, John (Jack) Hackenmueller and Mary Ficke Hackenmueller have requested
approval of a variance to allow a 6 -foot side yard setback from the north property line, where 15
feet is the minimum setback specified by the zoning ordinance; and
WHEREAS, the subject property is legally described as: That part of Lot 1, Block 1,
CITY VIEW ACRES lying south of the North 150 feet of said Lot 1, 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 John (Jack) Hackenmueller and Mary Ficke Hackenmueller for a variance to allow a
six-foot side yard setback from the north property line for constriction of a two -car attached
garage that would including living space over a portion of the garage for property located at 1215
Dunkirk Lane, subject to the following:
1. The requested variance to allow a 6 -foot side yard setback from the north property is hereby
approved, in accordance with the application and plans received by the city on July 30,
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 applicants have demonstrated that there are practical difficulties in complying with
the ordinance regulations, because:
I . The applicants propose to use the property in a reasonable manner.
2. The request is due to unique circumstances related to placement of the home on
the lot. This condition was not created by the applicants.
3. The variance would not alter the essential character of the lot or neighborhood.
Resolution 2013-309
(2013067)
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c) The requested variance is not based upon economic considerations. The applicants are
requesting the variance in order to improve the livability of their home by providing
needed living and garage space.
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.
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. 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 September 24, 2013.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Cleric of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on September 24, 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 Cleric and the Corporate seal of the City this
day of
City Cleric