HomeMy WebLinkAboutCity Council Resolution 2013-310CITY OF PLYMOUTH
RESOLUTION No. 2013-310
A RESOLUTION APPROVING VARIANCES FOR MARK DANYLUK AND LINDA LUTTS
FOR PROPERTY LOCATED AT 10620 SOUTH SHORE DRIVE (2013084)
WHEREAS, Mark Danyluk and Linda Lutts have requested approval of variances to
allow 1) a replacement garage in a front yard and 2) the garage height to exceed 15 feet; and
WHEREAS, the subject property is legally described as: Lots 6 and 7, Block 2, Medicine
Lake Park First Division, 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 Mark Danyluk and Linda Lutts for variances to allow a replacement garage in a front
yard and to allow the garage to exceed 15 in height for property located at 10620 South Shore
Drive, subject to the following:
I . The requested variances to allow: a) a 700 -square foot garage in a front yard and b) a garage
16.2 feet in height is hereby approved, in accordance with the application and plans received
by the city on September 4 and September 13, 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 variances, and the 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, namely: (a) the topography of the lot,
which limits potential locations for a garage and (b) the design of the home,
which based on the city's zoning requirement that an accessory building
incorporate similar or complementary design elements, notably roof pitch,
necessitates a garage that exceeds the height maximum.
Resolution 2013-310
(2013084)
Page 2
3. The variances would not alter the essential character of the lot or neighborhood,
rather they would enhance it with a sound stricture that compliments the existing
home.
c) The requested variances are not based upon economic considerations. The applicants
are requesting the variances in order to replace a deteriorating garage with one that is
slightly larger and also complimentary to the architecture of their home.
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.
Existing trees on the site screen or partially screen the garage from adjacent
development.
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