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HomeMy WebLinkAboutCity Council Resolution 1996-434• CITY OF PLYMOUTH RESOLUTION %- n 4 DENYING VARIANCES FOR ROY L. "LARRY" JOHNSON FOR PROPERTY LOCATED NORTH OF 30TH AVENUE AND WEST OF EAST MEDICINE LAKE BOULEVARD (96021) WHEREAS, Roy L. "Larry" Johnson, under File 96021, has requested Variances to reduce the front yard setback requirement from 25 feet to 18 feet, and to reduce the setback requirement from the lake shore from 50 feet to 11 feet; and, WHEREAS, the granting of the Variances would allow construction of a home on the parcel; and WHEREAS, the subject parcel is legally described as Lot 27, Auditor's Subdivision No. 333, Hennepin County, MN; and, WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends denial. NOW, THEREFOP.B BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by Roy L. "Larry" Johnson for Variances, based on findings which demonstrate that the Variance standards have not been met, as follows: 1. The particular physical surrotwAings, shape, or topographical conditions do not create a hardship to the applicant. The slope of the lot does provide an inconvenience but does not, in and of itself, make the parcel unusable. The applicant has a reasonable use of the property. The parcel is presently used for access to the lake. The applicant has a dock on the parcel that extends into the lake, where two boats arc kept. Denial of the Variances would not preclude use of the parcel. 2. There are not unique conditions related to the parcel that are not shared by other parcels in the same zoning classification. The subject parcel is non -conforming to the minimum lot area requirement of 18,500 square feet and the minimum lot width requirement of 110 feet for R -IA zoned property. However, several other the lots in the area are also non- conforming to the minimum lot area and width requirement. All parcels in the City are subject to yard setback requirements. In addition, all parcels abutting the shore of Medicine Lake have been subject to a 50 -foot setback requirement since 1982. 3. The request would provide an increase in the value or income potential of the parcel. F Resolution 96- 434 Page 2 4. The alleged difficulty or hardship is not caused by the ordinance, but rather is self-imposed by the applicant. Records indicate that the applicant purchased the subject parcel in 1988, however, the applicant states that he purchased it in the late 1970's. The Shoreland Overlay District regulations were adopted by the City in 1982, requiring a 50 -foot minimum setback from the Ordinary High Water Level. Regardless of whether the applicant purchased the property in the late 1970s or in 1988, a front yard setback requirement would have applied. In the 1970s, the minimum front yard setback requirement for this parcel was 50 feet, and in 1988 the minimum front yard setback requirement for this parcel was 35 feet. The applicant had constructive knowledge, if not actual knowledge, that setback restrictions existed when he purchased the parcel. 5. The granting of the Variances would be detrimental to the public welfare and injurious to other land or improvements in the neighborhood because of the close proximity of the dwelling to the boulevard and to the lake. The granting of the Variances -- and subsequent presence of the proposed dwelling -- would impair the public welfare due to the additional run-off and quality of such run-off that would go into Medicine Lake. The purposes of the Shoreland Overlay District requirements are: 1) to preserve and enhance the quality of surface waters; 2) to preserve the natural environmental and economic and values of shorelands; and 3) to provide for the wise utilization of water and related land resources in the City. The Shoreland Overlay District regulations specify that "Variances shall not be granted which would circumvent the purposes and intent" of the Shoreland Overlay District. 6. With respect to traffic congestion, the proposed dwelling with its requested 18 -foot setback from East Medicine Lake Boulevard (a Major Collector Roadway), may result in parked cars in the driveway that overhang into the Boulevard, and may also result in additional parking along the Boulevard, which has no shoulder. In this regard, the proposed dwelling could potentially endanger the public safety. Secondly, the proposed dwelling would have adverse effects on the surrounding properties and the values within the neighborhood. The proposed dwelling would alter the essential character of the neighborhood. There are nearby landowners who have understood for several years that this parcel could not become a home site, and who presently egjoy views that would be blocked or disturbed if the variances are granted. Lastly, the Shoreland Regulations were adopted to set minimum setback distances for the environmental protection of public water bodies. A reduction in the required shoreland setback from 50 feet to 11 het would produce additional run-off and other negative effects on the quality of surface water and on the natural environment. These effects would extend beyond the neighborhood. Denied by the City Council on August 7, 1996.