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HomeMy WebLinkAboutCity Council Resolution 2014-391CITY OF PLYMOUTH RESOLUTION No. 2014-391 A RESOLUTION APPROVING VARIANCES FOR SETBACKS TO ALLOW CONSTRUCTION OF A GARAGE AND REUSE OF AN EXISTING DRIVEWAY FOR PROPERTY LOCATED AT 18015 COUNTY ROAD 6 (2014077) WHEREAS, Karunakaran Durai has requested approval of variances to allow construction of a garage and reuse a portion of his existing driveway as a patio within the front yard; and WHEREAS, the subject property is legally described as: That part of Government Lot 4, Section 30, Township 118, Range 22, Hennepin County, Minnesota, described as follows: commencing at a point on the east line of said Government Lot 4, distant 989.7 feet north of the southeast corner thereof, thence westerly deflecting to the left 98 degrees 35 ` a distance of 503.1 feet; thence deflecting right 71 degrees, 21 ` a distance of 113.2 feet, more or less, to the south line of County Road No. 6 to its intersection with the east line of said Government Lot 4, thence south along the east line thereof to the point of beginning, 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 Karunakaran Durai for variances for property located at 18015 County Road 6, subject to the following: 1. The requested variances are hereby approved to: 1) construct a garage 21 feet from County Road 6 where 50 feet is required and 2) reuse a driveway as a patio 12 feet from Queensland Lane where 25 feet is required, in accordance with the application and materials received by the city on August 6, 2014 and November 5 and 17, 2014, except as may be amended by this resolution. 2. The requested variances are approved, based on the finding that all applicable variance standards would be met, as follows: a. The requested variances, and the resulting construction, 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 complying with the ordinance regulations, because: i. The applicant proposes to use the property in a reasonable manner and proposes reasonable improvements to blend the home into the adjacent neighborhood while allowing his family to continuing using the driveway area as a patio. ii. The request is due to unique circumstances, namely: (1) the proximity of the new street to the existing garage and (2) the location of the home on the lot, which limits potential locations for a conforming garage without restricting solar access into the home and eliminating views of the wetland. Resolution 2014-391 (2014077) Page 2 iii. The variances would not alter the essential character of the lot or neighborhood, rather they would enhance it by removing the existing non -conforming garage from close proximity to the new street. C. The requested variances are not based upon economic considerations. The applicant is requesting the variances in order to replace the garage with a larger attached garage in a location that would better blend in with the proposed neighborhood than the existing and would reorient the garage door to face Queensland Lane. d. The variances, and their resulting construction, would not be detrimental to the public welfare, nor would they be injurious to other land or improvements in the neighborhood. The current driveway access onto County Road 6 has limited visibility due to mature trees and shrubs and is too close to the new Queensland Lane. Reorienting the driveway to Queensland Lane results in a safer entry onto County Road 6 not only for the applicant, but also for all the new residents of the Fretham 23rd Addition. e. The variances, and their resulting construction, would not impair an adequate supply of light and air to adjacent properties, nor would they increase traffic congestion or the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. The proposed homes to the west and south would have no view of the new garage. f. The variances requested are the minimum action required to address the practical difficulties. 3. Prior to construction of the garage addition, the applicant must obtain a building permit. 4. The garage addition shall be constructed with similar materials and colors as the existing home. 5. Section 21135.08 of the zoning ordinance prohibits parking on the patio on the west side of the home. 6. Prior to final inspection of the garage addition, the applicant shall remove the existing garage and concrete driveway, except as indicated on the plan submitted November 5, 2014. 7. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 8. The variances 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 9th day of December, 2014. Resolution 2014-391 (2014077) Page 3 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 December 9, 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