HomeMy WebLinkAboutCity Council Resolution 2014-322CITY OF PLYMOUTH
RESOLUTION No. 2014-322
A RESOLUTION APPROVING VARIANCES FOR SIDE YARD SETBACK AND IMPERVIOUS
SURFACE AREA COVERAGE TO ALLOW CONSTRUCTION OF AN ENTRY AND HOME
ADDITION BY VIVID DESIGN BUILD FOR PROPERTY LOCATED AT 1825 PEONY LANE
NORTH (2014072)
WHEREAS, Vivid Design Build has requested approval of a side yard setback variance and a
shoreland variance to allow construction of an entry and home addition; and
WHEREAS, the subject property is legally described as Lot 2, Block 1, Imperial Hills 3rd 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 Vivid Design Build for a
side yard setback variance and a shoreland variance to allow construction of an entry and home addition
for property located at 1825 Peony Lane North, subject to the following:
1. The requested variances are hereby approved to allow a side yard setback of 14 feet 9 inches
where 15 feet is required and 25.7 percent impervious surface coverage where 25 percent
coverage is permitted, in accordance with the application received by the city on July 25, 2014 and
additional information on August 12, 2014, except as may be amended by this resolution.
2. The 9 -foot by 13 -foot entry addition and 15.5 -foot by 26 -foot addition shall be constructed with
similar materials and colors as the existing home.
3. The requested side yard setback variance and shoreland variance are approved, based on the
finding that all applicable variance standards would be met, as follows:
a) The variances permitting the home expansion are consistent with the residential uses listed for
this land use classification in the comprehensive plan.
b) Providing the additions to the home on this lot allows the property to be used in a reasonable
manner.
c) The plight of the landowner is unique as the subject property is undersized for lots located in
the RSF-1 zoning district (17,409 square feet where 18,500 is the minimum lot size) and the
home was placed on the lot at an angle in 1973. The current homeowners purchased the home
in 2002.
Resolution 2014-322
(2014072)
Page 2
d) The applicant has established that there are practical difficulties in complying with the
ordinance. "Practical difficulties" means that:
1) The variances, if granted, would not alter the essential character of the locality; this
neighborhood is a fully developed neighborhood built in the 1970's.
2) The purposes for the variations are not based exclusively on economic considerations; but
rather, the variances are requested to make improvements to the home to make it more
livable for the current occupant.
3) Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. The applicant is proposing the addition to
update the fagade and improve the aesthetics of the existing split -entry home.
e) The proposed additions would not impair an adequate supply of light and air to adjacent
properties, nor would it substantially increase congestion of public streets, increase the danger
of fire, endanger the public safety, or substantially diminish or impair property values within
the neighborhood.
f) The variances requested are the minimum action required to address or alleviate the practical
difficulties and to allow the homeowners to improve the livability of the home and to provide
additional space.
4. A building permit is required prior to construction of entry and room addition.
5. Prior to the issuance of a building permit, the applicant shall submit a plan showing a rain garden
on the property designed to offset the additional 433 square feet of impervious surface coverage.
6. Prior to any building permit inspections, the applicant shall construct the rain garden in accordance
to the plan.
7. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance
provisions.
8. 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.
ADOPTED this 14th day of October, 2014.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
Resolution 2014-322
(2014072)
Page 3
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
October 14, 2014, 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