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HomeMy WebLinkAboutCity Council Resolution 2012-243CITY OF PLYMOUTH RESOLUTION No. 2012-243 A RESOLUTION APPROVING A VARIANCE FOR STEVEN ANDERSON FOR PROPERTY LOCATED AT 210 NIAGARA LANE NORTH (2012051 WHEREAS, Steven Anderson has requested approval of a variance for an accessory building over 700 square feet; and WHEREAS, the subject property is legally described as: Lot 10, Block 1, Christiansen's Parkers's Lake Second Addition, 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 Steven Anderson for a variance to allow a 960 -square foot detached garage for property located at 210 Niagara Lane North, subject to the following: 1. The requested variance is hereby approved, in accordance with the application received by the city on June 29, 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 requested variance 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 property is unique in that it is just over one acre in size. The city's 700 -square foot maximum size requirement for detached accessory buildings is a city-wide standard. Most of the residential lots in the city are smaller than an acre. Resolution 2012-243 (2012051) Page 2 3. The variance would not alter the essential character of the lot or neighborhood. The applicant is proposing to constrict the detached garage in the same location as two existing detached buildings, which would be removed. The proposed garage would be located approximately 130 feet from the front property line. The garage would be located behind an existing 6 -foot high solid wood fence that would screen the garage from the street. The garage would be set back 10 feet from the north property line, where six feet is the minimum setback required by the zoning ordinance. There is an existing established wooded area between the proposed garage location and the neighboring property to the north. In addition, the applicant would constrict two windows on the north wall of the garage to break up the 40 -foot wall. The garage would be located approximately 123 feet from the closest property to the east. The applicant has proposed two windows on the east wall of the garage. The abutting lot to the south has an 864 -square foot detached garage located in the rear yard. This garage was built before the city established the 700 square foot maximum. The applicant has proposed one window and a service door on the south wall of the garage. c) The requested variance is not based upon economic considerations. The property owner is proposing the variances to constrict a garage on the property. d) The variance 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 variance requested is 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 two existing detached buildings from the property. 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 2012-243 (2012051) Page 3 Approved this 14t1' day of August 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 August 14, 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