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HomeMy WebLinkAboutCity Council Resolution 2004-314CITY OF PLYMOUTH RESOLUTION 2004-314 APPROVING VARIANCES FOR SETBACK AND IMPERVIOUS SURFACE COVERAGE TO CONSTRUCT A DETACHED GARAGE AND AN ADDITION AT 2475 HEMLOCK LANE (2004067) WHEREAS, an application has been filed by Dean Hildebrant for property legally described as follows: That part of Lot 1, Block 4, lying Northwesterly of a line running Northeasterly at right angles from Southwesterly line of Lot 1, at a point 106 feet Northwesterly from most Southerly corner of said lot, Elmhurst, 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 request by Dean Hildebrandt for variances for setback and impervious surface coverage to constrict a detached garage and an addition at 2475 Hemlock Lane, subject to the following conditions: 1. This resolution approves variances for setback and impervious surface coverage to constrict a detached garage and an addition at 2475 Hemlock Lane, in accordance with the plans and application received by the City on June 11 and June 17, 2004, except as amended by this resolution. 2. The variances are approved with the finding that the applicable variance standards are met. Specifically: a) A hardship exists due to the size and shape of the parcel, unique right of way, and impervious surface coverage. The property is a corner lot that is only 5,750 square feet in size. Although the home is modest and there is no garage on the property, the applicant could not constrict an addition without approval of variances. The variance Resolution 2004-314 (2004067) Page 2 of 3 would allow the applicant to improve the property by constricting a modest addition and garage. b) The circumstances related to this request are not generally applicable to other properties in the RSF-3 district. The Elmhurst neighborhood is unique due the non- conforming lots that were platted prior to modern zoning and subdivision regulations. The original platting of the lot and constriction of the home do not allow any additions to the home, unless variances are granted. c) The request is not based upon a desire to increase value or income potential. The proposal would allow the applicant to constrict a garage and a modest addition for the use of the homeowners and family. The home is lacking a garage, which is an important improvement in a cold climate. d) The conditions relating to the hardship were not created by the applicant, but rather were created by the original platting of the lot in the early 1900's. The existing conditions do not comply with requirements. e) The proposal would not be detrimental to the public welfare or injurious to the neighborhood. There are other lots in this neighborhood that have similar setbacks and detached garages in the front yard. In addition, the applicant would also reduce the amount of impervious surface on the lot, which would reduce the amount of site runoff from the existing condition. f) The proposal would not impair an adequate supply of light and air to adjacent properties, increase the danger of fire, endanger the public safety, or diminish property values within the neighborhood. This proposal would be an improvement to the lot because it would allow vehicles to be parked in a garage rather than outside. g) The requested variance is the minimum action required to eliminate the hardship. The request is reasonable and would allow a modest addition and garage for the use of the property owners. The applicant would also reduce the amount of impervious surface coverage on the lot. 3. Prior to issuance of a building permit, the applicant shall revise the plans and update the impervious surface coverage calculations to include: 1) the addition of the 22' x 22' detached garage and 2) the removal of 800 square feet of bituminous surface. The plans shall also identify a minimum driveway length of 18 feet to the pavement of the street. 4. A building permit is required prior to constriction of the proposed improvements. Prior to issuance of a building permit, the applicant shall submit detailed building plans for the proposed improvements. 5. The building materials of the addition shall match the exterior materials and color of the home. Resolution 2004-314 (2004067) Page 3 of 3 6. The building materials of the garage shall be compatible with the design of the home and shall match the exterior materials and color of the home, as required by Section 21120.07 of the Zoning Ordinance. 7. The existing shed shall be removed from the property. 8. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 9. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started constriction 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 2 103 0. 06 of the Zoning Ordinance. Adopted by the City Council on August 10, 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 Plymouth City Council on August 10, 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