HomeMy WebLinkAboutCity Council Resolution 2012-177CITY OF PLYMOUTH
RESOLUTION NO. 2012-177
A RESOLUTION APPROVING A VARIANCE FOR DAVID AND MARY SCHNEIDER
FOR PROPERTY LOCATED AT 5870 KIRKWOOD LANE (2012027)
WHEREAS, David and Mary Schneider have requested approval of a variance to reduce
the side yard setback to 6 feet, where 15 feet is specified; and
WHEREAS, the variance would allow constriction of a new attached garage onto the
east side of the existing home; and
WHEREAS, the subject property is legally described as Lot 1, Block 3, Bass Lake
Highlands, Hennepin County, Minnesota; and
WHEREAS, the Planning Commission has reviewed said request at a duly called public
meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the
request by David and Mary Schneider for a variance to reduce the side yard setback to 6 feet
where 15 feet is specified, subject to the following findings and conditions:
I. The requested variance is hereby approved, in accordance with the application and plans
received by the City on April 23, 2012, except as may be amended by this resolution.
2. The requested variance is approved, based on the finding that all applicable variance
standards have been met. Specifically,
a. The variance and resulting constriction would be in harmony with the general purposes
and intent of the ordinance, and would be consistent with the city's comprehensive
plan.
b. The applicants have demonstrated that there are practical difficulties in meeting the
setback requirement, because:
I . the applicants propose to use the property in a reasonable manner;
2. the request is due to circumstances that were not created by the applicants; and
3. the variance would not alter the essential character of the lot or neighborhood.
c. The requested variance is not based upon economic considerations, but rather, is based
upon a desire to improve the livability of the home.
Resolution 2012-177
(2012027)
Page 2
d. The variance and resulting constriction would not be detrimental to the public welfare,
nor would it be injurious to other land or improvements in the neighborhood. The
parcel directly to the east of the proposed new attached garage is a wooded trail outlot.
e. The variance and resulting constriction would not impair an adequate supply of light
and air to adjacent properties, nor would it increase traffic congestion or the danger of
fire, endanger the public safety, or substantially diminish property values within the
neighborhood.
f. The variance requested is the minimum action required to address the practical
difficulties. The proposed new attached garage would meet or exceed all other zoning
regulations.
3. A building permit is required prior to commencement of the proiect.
4. In conjunction with issuance of the required building permit, the applicants shall identify
and marls the north (front) and east (side) lot lines.
5. The variance 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 May 22, 2012.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Cleric of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on May 22, 2012, with the original thereof on file in my office, and the
same is a correct transcription thereof.
WITNESS my hand officially as such City Cleric and the Corporate seal of the City this
day of
City Cleric