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HomeMy WebLinkAboutCity Council Resolution 2004-210CITY OF PLYMOUTH RESOLUTION 2004-210 APPROVING A FRONT YARD SETBACK VARIANCE FOR SKYLINE DESIGN, INC. FOR PROPERTY LOCATED AT 1195 WESTON LANE NORTH (2004031) WHEREAS, an application has been filed by Skyline Design, Inc. which requests approval of a variance for a 20.5 -foot front yard setback for an addition for property legally described as follows: Lot 12, Block 2, Cimarron Ponds, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the 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 variance request for a 20.5 -foot front yard setback for an addition for property located at 1195 Weston Lane North, subject to the following findings and conditions: 1. This variance request to permit a 20.5 -foot front yard setback is hereby approved in accordance with the application and plans received by the City on March 24, 2004, except as amended by this resolution. 2. The addition shall be finished to match the existing home. 3. This resolution is approved with the finding that the applicable variance standards have been met. Specifically: a) There is a drainage and utility easement on the west side of the property. This restricts the area for expansion to the side yard and supports the proposed location to increase the livability of the home. Resolution 2004-210 (2004031) Page 2 b) The conditions of the parcel are unique due to the drainage and utility easement on the west side of the property restricting expansion in that area. Therefore, the only feasible location is the area that is proposed in order to increase the livability of the home. c) The request is not based exclusively upon a desire to increase value or income potential of the property. The proposed addition would allow the homeowners to provide additional space and increase the livability of the home. d) The hardship is caused by the Zoning Ordinance and is not self-created. The home was built in 1977; the current owners purchased the home in 2003. The applicant did not design the placement of the home on the lot. e) Granting the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The proposed addition is similar to other approved additions in the Cimarron Ponds Development. f) The variance would 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 allow the applicants to improve the livability of their home to provide additional space. 4. A building permit for the addition shall be obtained prior to constriction. 5. This approval shall expire one year after the date of approval, unless the applicant has substantially started constriction of the project, or unless the applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 2 103 0. 06 of the Zoning Ordinance. ADOPTED by the City Council on June 8, 2004 Resolution 2004-210 (2004031) Page 3 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 June 8, 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