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.
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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.
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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).
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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
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