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HomeMy WebLinkAboutCity Council Resolution 1996-588• CITY OF PLYMOUTH RESOLUTION 96.588 DENYING LOT DMSION AND VARIANCES FOR ALI MAHABADI FOR PROPERTY LOCATED AT 12305 -30TH AVENUE NORTH (95041) WHEREAS, Ali Mahabadi has requested approval of a Lot Division and Variances to allow creation of two parcels at 12305 -30th Avenue North (Lot 3, Block 2, Rappaport Addition); and WHEREAS, the Planning Commission has fully considered the request for the Lot Division and Variances at a duly called Public Hearing, and recommends 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 of Ali Mahabadi for Lot Division and Variances at 12305 -30th Avenue North, based on the following findings: • The requested Variances do not meet the Variance Standards with respect to hardship. The particular physical surroundings, shape, or topographical conditions do not create a hardship to the applicant. A hardship exists if the property cannot be reasonably utilized under the terms of the Ordinance. No conditions exist to prevent reasonable use of this property. It is currently developed for the use, and functioning in the manner, under which it was intended. Denial of the application would not preclude continued reasonable use of the property as a home site. The issues relating to maintenance of the yard appear to amount to an inconvenience, as opposod to a hardship. • The requested Variances do not meet the Variance Standards with respect to unique circumstances related to the property. There are not unique conditions related to the parcel that are not shared by other parcels in the same zoning classification. Several other lots in the neighborhood have odd ,;onfigurations and similar topographical conditions. Corner lots such as this are typically somewhat larger than interior lots to allow for increased setbacks from the streets. This lot does have a long frontage at the street curb along 30th Avenue, however, it is shallower than most lots in the neig4borhood. The bulk of the yard area for this lot is located at the west side, rather than the rear of the home. • The alleged difficulty or hardship is not caused by the ordinance, but rather is self-imposed by the applicant. The minimum lot size requirement was 18,500 square feet when the applicant purchased this lot and s Resolution 96-588 Page 2 constructed the existing home. This lot was not intended to support two homes. • Approval of the request could have adverse effects on the surrounding properties and the values within the neighborhood, because the Variances would allow creation of a lot that is not consistent with the established development pattern of this neighborhood. Proposed Parcel B would be roughly one-half the size of the average lot area for the neighborhood. Adopted by the City Council on November 6, 1996. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on November 6, 1996 with the original thereof on file in my office, and the same is a correct transcription they mof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk