HomeMy WebLinkAboutCity Council Resolution 2004-366CITY OF PLYMOUTH
RESOLUTION 2004-366
APPROVING A VARIANCE TO ALLOW AN EXISTING 9 -FOOT BY 10 -FOOT SHED AT
2920 PILGRIM LANE N (2004096)
WHEREAS, Jack and Carol Amis have requested approval of a variance to allow an existing
shed to encroach five feet into the required six-foot rear yard setback on property legally
described as follows:
Lot 7, Block 2, of Ridgecrest -1 Addition
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting
and recommends approval of the variance;
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 Jack and
Carol Amis for a variance to allow an existing shed to encroach five feet into the required six-
foot rear yard setback, subject to the following findings and conditions:
1. Approval of the variance for the existing shed is contingent on City Council approval of an
encroachment agreement to allow the shed and associated pavement to remain in the
drainage and utility easement located along the south side yard and rear yard property lines.
2. The variance to allow the existing shed is approved in accordance with plans received by the
City on July 22, 2004, based on the conclusion that the applicant has met the applicable
standards, as follows:
a) The shed was originally located in the most logical place for its intended use. Moving
the shed from its present location to a location logical for its use would either require
removal of mature landscaping or the relocation of an existing gate in the fence around
the pool. Alternate locations on the site not requiring the removal of landscape materials
or relocating the existing gate would not serve the intended purpose of the shed and are
low area with poor drainage. Also, moving the shed from its current location would do
Resolution 2004-366
Variance (2004096)
Page 2
little to alter the visibility from the properties to the south, as they are located at a higher
elevation than the property in question.
b) The shed, pool, and pavement were installed at least 18 years ago, and until the recent
complaint, existed without issue. The situation is unique as the request is to maintain an
existing long-standing condition that has had no previous neighborhood impact.
c) The purpose of the variation is to allow for an existing shed to remain in its current
location. No additional constriction is proposed. The request has no impact on the
property's value.
d) The conditions upon which the variance application is based are related to actions taken
by previous homeowners, not by the applicant. The shed, pool, and pavement were
installed at least 18 years ago.
e) The proposal would not be detrimental to the public welfare or injurious to other land or
improvements in the neighborhood.
f) The request has no impact on the supply of natural light and air to adjacent properties, the
amount of congestion on the public streets or adjacent property values. Neither would it
increase the danger of fire.
g) The applicant's request is the minimum action required to eliminate the hardship.
3. 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 September 13, 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 September 13, 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