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HomeMy WebLinkAboutCity Council Resolution 2003-028CITY OF PLYMOUTH RESOLUTION 2003-028 APPROVING A REAR YARD SETBACK VARIANCE FOR SOUMYA AND RUMA ROY FOR PROPERTY LOCATED AT 4910 OLIVE LANE NORTH (2002124) WHEREAS, an application has been filed by Soumya and Ruma Roy, which requests approval of a variance to encroach two feet into the required 25 -foot rear yard setback to allow construction of a sunroom addition for property legally described as follows: Lot 6, Block 2, Conor Meadows, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request of Soumya and Ruma Roy for a variance to encroach two feet into the required 25 -foot rear yard setback for property located at 4910 Olive Lane North, based upon the following findings: a. The applicants are requesting a variance to allow an all glass sunroom to allow more light to enter the home. The only viable location for the sunroom addition is between two existing windows as proposed. To shorten the length of the addition and add width would require the applicant's to remove existing windows that allow light into the home. In addition, the applicant would still have a 23 -foot rear yard setback. b. The subject property is a corner lot and fronts on two public streets. The home is required to be setback 31.6 feet from the north property line because the northwest corner of the lot is curved. If the property was not a corner lot, the home could have been positioned 6.6 feet closer to the north property line and would not need a variance. This is an atypical condition on this property. c. The request is not based upon a desire to increase value or income potential of the property. The proposal would allow the addition of a sunroom addition for the convenience and improved livability of the property owners, and would not detract from the appearance of the home or surrounding properties. Resolution 2002-028 (2002124) Page 2 d. The hardship is caused by the Zoning Ordinance and has not been self-created. The existing home is on a corner lot and is required to be positioned 6.6 feet further to the south. This is a unique condition to this property. e. The granting of the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The applicant would design the sunroom addition to be consistent with the character of the home. f. The variance would not impair an adequate supply of light and air to adjacent property, nor would it substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. g. The requested variance appears to be the minimum action required to eliminate the hardship. While the applicant could possibly construct a smaller addition, the proposed 11 -foot by 13 -foot addition is a reasonable size and does not appear to be excessive. ADOPTED by the City Council this 7th day of January, 2003. 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 January 7, 2003 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