HomeMy WebLinkAboutCity Council Resolution 2004-193CITY OF PLYMOUTH
RESOLUTION 2004-193
APPROVING A SITE PLAN AMENDMENT AND VARIANCE FOR THE
CONSTRUCTION OF A PLAYGROUND AREA IN THE FRONT YARD FOR
PLYMOUTH PRESBYTERIAN CHURCH LOCATED AT 3755 DUNKIRK LANE
NORTH (2004034)
WHEREAS, Plymouth Presbyterian Church is requesting approval of a site plan amendment and
variance for the constriction of a playground area in the front yard located at 3755 Dunkirk Lane
North, for property legally described as:
Lot 1, Block 1, Plymouth Presbyterian Church
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting
and recommends approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Plymouth Presbyterian Church., for a site plan amendment and a variance to allow the
constriction of a playground area in the northern portion of the property in a front yard at
Plymouth Presbyterian Church, subject to the following conditions:
1. A site plan amendment and variance are approved to allow for constriction of a 30 -foot by
40 -foot playground area, in accordance with the plans received by the City on March 29, 2004
and additional information on April 15, 2004, except as amended by this resolution.
2. A variance is approved to allow the location of the playground in a front yard as defined by
the Zoning Ordinance, based on the finding that:
Resolution 2004-193
File No. 2004034
Page 2
a) This variance is required because of the abnormal shape of the lot. By definition of the
Zoning Ordinance, the site has no rear yard, only three front yards. Therefore, due to the
parcel's triangular shape with street frontage on all three sides, a particular hardship to the
owner has resulted, as distinguished from a mere inconvenience, if the strict letter of the
regulations were to be carried out.
b) The subject property contains no rear yard, only three front yards. This condition upon
which a petition for a variation is based is unique to the parcel of land for which the
variance is sought and is not applicable, generally, to other property within the RSF-2
zoning district.
c) The applicant is seeking the variance to add a playground area to allow for the children of
the church congregation a place on site to play. This variation is not based upon a desire
to increase the value or income potential of the parcel of land.
d) The hardship has not been created by any persons having an interest in the parcel of land
and is not a self-created hardship. The hardship has been caused by the Zoning Ordinance.
e) The granting of the variation will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel of land is located.
f) The proposed variation will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
g) The requested variance is the minimum action required to eliminate the hardship.
3. Approval shall expire one year after the date of approval, unless the property owner or
applicant has substantially started constriction of the project. The landowner or applicant may
apply for approval of an extension by the City, as regulated under Sections 21030.06 and
21045.09 of the Zoning Ordinance.
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ADOPTED by the City Council on May 25, 2004.
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
Resolution 2004-193
File No. 2004034
Page 3
Plymouth City Council on May 25, 2004 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