HomeMy WebLinkAboutCity Council Resolution 2012-189CITY OF PLYMOUTH
RESOLUTION No. 2012-189
A RESOLUTION APPROVING VARIANCES FOR SALLY USSELMAN
FOR PROPERTY LOCATED AT 10215 SOUTH SHORE DRIVE (2012030)
WHEREAS, Sally Usselman has requested approval of variances for an accessory
building over 700 square feet and for impervious surface area coverage; and
WHEREAS, the subject property is legally described as:
Tract C also that part of Tract D Northerly of a line running from a point in West line
thereof distant 45 feet North from Southwest corner thereof to a point in East line thereof
distant 95 feet North from Southeast corner thereof, Registered Land Survey Number
333 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 Sally Usselman for variances to allow a 960 square foot detached garage and 33
percent impervious surface area coverage for property located at 10215 South Shore Drive,
subject to the following:
1. The requested variances are hereby approved, in accordance with the application received
by the city on May 3, 2012, except as may be amended by this resolution.
2. The requested variances are approved, based on the finding that all applicable variance
standards have been met, specifically:
a) The requested variances 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 applicant has demonstrated that there are practical difficulties in meeting the
setback requirement, because:
1. The applicant proposes to use the property in a reasonable manner.
2. The request is due to unique circumstances that were not created by the
applicant. The applicant's lot together with the design and placement of the
Resolution 2012-189
(2012030)
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home does not provide a feasible opportunity for an attached garage. The
applicant's lot is 65 feet wide and the home is 41 feet wide, which does not
leave enough space to constrict an attached garage to the side or rear of the
home. The applicant's home is set back 18 feet from the front property line,
which does not provide enough space to build an attached garage in front of the
home. The zoning ordinance allows each property to have one attached garage,
one detached accessory building/garage, and a shed. Given that: 1) there is no
feasible opportunity to constrict an attached garage, and 2) the footprint of the
home is larger than the footprint of the proposed garage, staff finds that a larger -
sized detached garage is reasonable.
3. The variances would not alter the essential character of the lot or neighborhood.
The applicant has one abutting residential lot, which has a 960 -square foot
detached garage that was built before the city established the 700 square foot
maximum. The second lot to the west has an approximately 780 -square foot
detached garage as the principal use on the lot. The lot and garage were
purchased by the Three Rivers Park District in 2003. The adjacent properties to
the south and east include a trail, railroad, and city park. South Shore Drive and
the applicant's home would separate the garage from the homes to the north.
c) The requested variances are not based upon economic considerations. The property
owner is proposing the variances to constrict a garage on the property.
d) The variances 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.
e) The variances requested are the minimum action required to address the practical
difficulties.
3. A building permit is required prior to commencement of the proiect.
4. In conjunction with the building permit for the detached garage, the applicant shall remove
the plastic from the planting beds on the north (front) side of the house.
5. The variance shall expire one year after the date of approval, unless the property owner or
applicant has commenced the authorized improvement or use, or unless the applicant, with
the consent of the property owner, has received prior approval from the city to extend the
expiration date for up to one additional year, as regulated under section 21030.06 of the
zoning ordinance.
Resolution 2012-189
(2012030)
Page 3
ADOPTED on June 26, 2012.
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 26, 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 Clerk and the Corporate seal of the City this
day of
City Clerk