HomeMy WebLinkAboutCity Council Resolution 2003-103CITY OF PLYMOUTH
RESOLUTION 2003-103
APPROVING A VARIANCE TO SIDE -YARD SETBACK TO ALLOW CONSTRUCTION OF
AN ABOVE -GRADE CANTILEVER ADDITION 8 FEET 4 INCHES FROM THE SIDE
PROPERTY LINE WHERE THE ZONING ORDINANCE REQUIRES 15 FEET FOR
MICHELLE BROUSSEAU FOR PROPERTY LOCATED AT 3735 WELLINGTON LANE
(2002145)
WHEREAS, an application has been filed by Michelle Brousseau requesting approval of a
variance for an 8 -foot, 4 inch side -yard setback where the Zoning Ordinance requires 15 feet, and
WHEREAS, the subject property is legally described as follows:
Lot 7, Block 4, Wellington Addition, City of Plymouth, Hennepin County, Minnesota
WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting
and recommends approval.
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 Michelle
Brousseau for a variance for an 8 -foot, 4 -inch side -yard setback, for property located at 3735
Wellington Lane, subject to the following findings and conditions:
1. This variance is granted in accordance with the plans received by the City on November 14,
2002, except as may be amended by this resolution.
2. The variance is granted based upon findings that the applicable variance standards have been
met, as follows:
a) The conditions relating to the hardship are not generally applicable to other properties in
the RSF-1 zoning district because homes in the RSF-1 are typically constructed a
minimum of fifteen feet from the side property line, and therefore are permitted to have
cantilevers projecting into the side -yard setback.
Resolution 2003-103
(2002145)
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b) The request is not based upon a desire to increase the value or income potential of the
property but rather to increase the livability of the home and provide extra space in the
kitchen.
c) The hardship was not self-created. Instead it is caused by the Zoning Ordinance change
from a 10 -foot side yard setback requirement of the Subdivision Unit Project to a 15 -foot
side yard setback as required by the current Zoning Ordinance.
d) Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. Granting the variance would allow the
applicant to 1) make improvements to the property which would contribute to the
surrounding property values and 2) would include materials and design consistent with the
character of the area. It is further noted that the addition is relatively small and does not
extend beyond the roof overhang.
e) 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.
f) The request is the minimum variance to eliminate the hardship. The proposed addition is
minimal (twenty inches) and does not exceed the existing roof overhang. The requested
variance strikes a balance between the intent of the setback regulations and the property
owner's desire to improve this property.
3. Prior to the issuance of building permit, the property irons adjacent to the proposed
construction shall be located by a qualified land surveyor, exposed, staked and a string strung
along the south property line. If it is determined by the surveyor that any improvements such
as a fence or landscaping encroach upon the neighboring property, any such encroachments
shall be removed prior to issuance of a building permit. If it is impractical because of weather
conditions to remove any such encroachments, the applicant shall submit a financial guarantee
in the form of a cash escrow or letter of credit equal to the cost of removing the
encroachments to ensure that the work shall be completed not later than July 1, 2003.
4. Building permits shall be obtained prior to construction of the addition.
5. No additional windows or doors other than those in the size and location shown on the plans
received by the City on November 14, 2002 shall be permitted to be installed on the south side
of the home. This condition shall not be construed to prevent maintenance or replacement of
any existing windows in substantially the same size and location as presently existing.
6. No decks or patios shall be constructed on the south side of the home.
Resolution 2003-103
(2002145)
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7. This approval shall expire one year after the date of approval, unless the applicant has
substantially started construction of the project, or unless the applicant 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 on February 25, 2003.
Resolution 2003-103
(2002145)
Page 4
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