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HomeMy WebLinkAboutCity Council Resolution 1997-430C CITY OR PLYMOUTH RESOLUTION 97.430 APPROVING A CONDITIONAL USE PERMIT FOR LANDMARK DESIGN AND BUILD, INC. FOR PROPERTY LOCATED AT 11310-36M PLACE NORTH (97065) WHEREAS, Landmark Design and Build, Inc. has requested a Conditional Use Permit to reduce the required rear yard setback fiom 25 feet to 13 feet to allow an existing deck to be converted into a screened porch for property located at 11310-36+ Place North; and WHEREAS, the property is legally described as Lot 149 Block 1, Mission Ponds V Addition Revised, Hennepin County, Minnesota; and WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THh CITY COUNCIL OF THE CITY OF PLYMOUTH, b9NNESOTA, that it should and hereby does approve the request of Lsmi mark Design and Build. Inc. for a ConXtional Ust Permit to reduce the required trent yard setback form 25 feet to 13 feet to allow an existing deck to be converted into a screened porch for property located at 11310-366 Place Forth, subject to the following condition: 1. This Conditional Use Permit reduces the required rear yard setback from 25 feet to 13 feet to allow an existing 11.5 -foot by 14 -foot deck to be converted into a screened porch, in accordance with the application and plans received by the City on May 19, 1997 and June 9,1997, except as amended by this resolution. 2. The Conditional Use Permit is approved with the following findings: • The rear setback reduction is based on a specific need and circumstance related to the property in question. The rear lot line is heavily woodet and the porch would provide a usable and enjoyable outdoor environment. The screened porch would benefit an elderly resident of the home who cannot walk outdoors and needs the screened porch in order to get iksh air. In addition, the arrangement of this particular lot is unique because it is the only lot in the development that directly abuts the subdivision boundary be. No other home in this development would require a Conditional Use Permit to accomplish a similar screened porch. Because the circumstances surrounding this request are unique, approval of the Conditional Use Permit will not set a precedent which is contrary to the intent of the Zoning regulations. • The drainage and utility easements along the rear lot line would not be affected. • The proposed porch will not restrict sun access to the abutting lots, nor will it obstruct traffic visibility or cause a public safety problem. • Resolution 97-430 M065) Page 2 • The proposed porch would not be injurious to the use and enjoyment of other property in the area, nor would it substantially diminish property values. 3. Compliamx with all applicable requirements of the City and State Building Codes, including the requirement for a building permit prior to construction. 4. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 21045.09 of the Zoning Ordinance. Adopted by the City Council on July 23. 1997. STATE OF MINNESOTA) COUNTY OF HENNEPIIN) 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 July 23, 1997 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk •