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HomeMy WebLinkAboutCity Council Resolution 2014-392CITY OF PLYMOUTH RESOLUTION No. 2014-392 A RESOLUTION APPROVING A VARIANCE TO THE SIDE YARD SETBACK TO ALLOW AN EXISTING DECK TO BE CONVERTED INTO A SCREEN PORCH BY BRUCE KNUTSON ARCHITECTS FOR PROPERTY LOCATED AT 1900 EAST MEDICINE LAKE BOULEVARD (2014106) WHEREAS, Bruce Knutson Architects has requested approval of a side yard setback variance to allow an existing deck to be converted into a screen porch; and WHEREAS, the subject property is legally described as: Lot 2, Block 1, Fretham Sixth 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 Bruce Knutson Architects for a side yard setback variance to allow an existing deck to be converted into a screen porch for property located at 1900 East Medicine Lake Boulevard, subject to the following findings and conditions: 1. The requested variance is hereby approved to allow a north side yard setback variance of six feet where ten feet is required to allow an existing deck to be converted into a screen porch, in accordance with the application received by the city on October 29, 2014, except as may be amended by this resolution. 2. The requested side yard setback variance is approved, based on the finding that all applicable variance standards would be met, as follows: a) The variance permitting the screen porch construction is consistent with the residential uses listed for this land use classification in the comprehensive plan. b) Permitting the existing deck to be converted to a screen porch on 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 lot is pie -shaped with angled lot lines that were not created by the landowner. d) The applicant has established that there are practical difficulties in complying with the ordinance. "Practical difficulties" means that: Resolution 2014- ( 2014106) Page 2 Resolution 2014-392 ( 2014106) Page 2 1) The variance, if granted, would not alter the essential character of the locality; this neighborhood is a fully developed neighborhood. 2) The purpose for the variation is not based exclusively on economic considerations; but rather, the variance is 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 deck to be converted to a screen porch for greater usability of the lakeside of the property. e) The proposed porch addition 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 variance requested is 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 usable space. 3. A building permit is required prior to construction of the screen porch and deck addition. 4. At framing inspection, the building inspector shall field verify that the northwest corner of the screen porch is at least six feet from the north side property line, based on located property irons. 5. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. 6. 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 by the City Council this 9th day of December, 2014. Resolution 2014- ( 2014106) Page 3 Resolution 2014-392 ( 2014106) 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