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HomeMy WebLinkAboutCity Council Resolution 1995-757• CITY OF PLYMOUTH RESOLUTION NO. B95-757 DENYING VARIANCE REQUEST FOR DON MYRON, 305 QUAN'11C0 LANE NORTH. WHEREAS, Don Myron has requested approval of a variance of the required front yard setback of 25 feet, in order to allow the construction of a new single family dwelling, for a property, legally described as Lot 16, Block 3, Parker's Lakeside 2nd Addition (305 Quantico Lane North) Hennepin County, MN and, WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request at a duly called Public Hearing: and voted to deny the request. Applicant appealed the denial. 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 for a variance into the required front yard setback of 25 feet in order to allow the construction of a new single family dwelling based on theFindings of Fact and Decision which are hereby adopted. Adopted by the City Council this 5th day of December 1995. CERTIFICATION I, Laurie Ahrens, City Clerk for the City of Plymouth, in and for said City, does hereby certify that I have compared this account of the action taken on said Variance with the original resolution granting said variance and have found the same to be correct and true account of those proceedings. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Plymouth, Minnesota in the County of Hennepin on the __day of 1995. LAURIE AHRENS, CITY CLERK. [1 • RES. 95-757 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA IN RE: Application of Don Myron for a Front Yard Setback Variance BINDINGS OF FACT AND DECISION On December 5, 1995, the Plymouth City Council met at its regularly scheduled meeting to consider the application of Don Myron for a front yard setback variance. The applicant was present and the City Council heard testimony from all interested persons wishing to speak at the meeting and now makes the following Findings of Fact documenting the Council's decision to deny the variance: 1. Applicant seeks a front yard variance in order to construct a single family home on property located at 305 Quantico Lane North and legally described as: Lot 16, Block 13, Parker's Lakeside Second Addition, Hennepin County, Minnesota hereinafter the "subject property". 2. On July 11, 1995, the City Council denied an identical variance request filed by the some applicant. The record in that proceeding is incorporated herein. 3. The subject property is zoned R-1 A, Low Density Single Family Residential District, Section 7, Subdivision D.7 of the Plymouth Zoning Ordinance requires a 25 -foot front yard for single family dwellings in the R-lA District. 4. Applicant is proposing to construct a new single family dwelling on the subject property having a front yard of 16.2 feet. 5. Applicant Don Myron, the fee owner of the property, acquired the subject property in 1986 from the State of Minnesota as tax forfeited property. hm 02/151" n lJ RES. 95-757 6. Myron paid $2,000.00 for the subject property. He has turned down purchase offers from the neighbors. 7. In 1978, the City denied the prior owner's application for a variance from certain setback requirements. Both the prior owner and the neighbors sued, and the Hennepin County District Court eventually upheld the City's denial of the variance. These Court proceedings resulted in a temporary restraining order, dated January 13, 1978 which restrained the City from issuing any building permits or allowing variance changes to the property. This restraining order remained in effect until March 6, 1995 when Myron obtained an ex parte order dissolving the temporary restraining order. 8. Myron was aware of the temporary restraining order at the time he acquired the property in 1986. 9. At the time he acquired the property in 1986, Myron knew that a single family home could not be built on the property without a variance. 10. The subject property is a rectangular 51.52 -foot by 181 -foot corner lot. In 1986, the property was zoned R-lA. The City 'Zoning Ordinance in 1986 required a 35 foot setback on each street side of the lot. i 11. The criteria for granting a variance requires that undue hardship exists which has not been created by the landowner. Minn. Stat. §462.357, Subd. 6 (2). 12. Section 11, Subd. C (4) of the Plymouth Zoning Ordinance provides that a variance should not be granted if the hardship has been created by any persons presently having an interest in the parcel. 13. A person who purchases land with knowledge, actual or constructive, of the zoning restrictions which are in effect at the time of such purchase, has created for himself whatever hardship such resuictions entails. HgdjWA Lt. City of MaRILWgW, 366 N.W.2d 624, 627 (Minn. App. 1985); Castle Design and Dev. Co. Inc. v. City,of Lake EJmq, 396 N.W.2d 578, 582 (1986). 14. Any hardship relating to the Applicant's use of the subject property is self- created and does not constitute "undue hardship" as defined by Minn. Stat. §462.357, Subd. 6 (2). am 02N!/9S -2- 0 RES. 95-757 Applicant's request for a front yard setback variance is hereby denied. ADOPTED D e, &JW , 1995, by the Plymouth City Council. CITY OF PLYMOUTH BY: Jo ce ly fi H. Tierney, M Wor ATTEST: urie F. Ahrens, City Clerk am 0111s -3-