HomeMy WebLinkAboutCity Council Resolution 2003-136CITY OF PLYMOUTH
RESOLUTION 2002-136
APPROVING A SIDE YARD SETBACK VARIANCE FOR MARLYN SJAARDA FOR
PROPERTY LOCATED AT 11720-3 8TH AVENUE NORTH (2003008)
WHEREAS, an application has been filed by Marlyn Sjaarda, which requests approval of a
variance to allow a 7.5 foot setback where 15 feet is required to allow construction of a 9.5 -foot
by 17.5 -foot addition, for property legally described as follows:
Lot 7, Block 1, Mission Ridge 2nd Addition, 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 variance request of
Marlyn Sjaarda to allow a 7.5 foot side -yard setback where 15 feet is required for property
located at 11720 -38th Avenue North, subject to the following findings and conditions:
1. This variance request to permit a 7.5 -foot side yard setback is hereby approved in accordance
with the application and plans received by the City on January 22, 2003, and revised plans
received on February 20, 2003, except as amended by this resolution.
2. The kitchen addition shall be finished to match the existing home.
3. This resolution is approved with the finding that the applicable variance standards have been
met. Specifically:
a. The only viable option to build a kitchen addition is in the location proposed by the
applicant. Any other location would require a massive remodeling of the home.
Resolution 2003-136
(2003008)
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The applicant's property abuts an outlot, which serves as an access point to French
Regional Park. The outlot is roughly 34 feet wide at the location of the addition and
parallels the applicant's south property line. The outlot provides increased open space to
the south side of the applicants property. There would be roughly 61 feet from the
proposed addition to the neighboring home to the south (the minimum distance required
by the Ordinance is 30 feet).
b. The subject property abuts a 34 -foot wide outlot to the south. The majority of residential
properties in the RSF-1 Zoning Classification do not share this same condition.
c. The request is not based upon a desire to increase value or income potential of the
property. The proposal would allow kitchen space for the convenience and improved
livability of the property owners, and would not detract from the appearance of the home
or surrounding properties.
d. The hardship is caused by the Zoning Ordinance and has not been self-created. The
existing design of the home does not allow expansion of the kitchen without an addition.
The home was constructed with a design that was not created by the applicants, as the
home was constructed in 1977 and the applicants purchased the home in 1992.
e. Granting 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 kitchen
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 kitchen addition, the
proposed addition does not appear to be excessive
4. A building permit for the kitchen addition shall be obtained prior to construction.
5. Property irons adjacent to proposed construction shall be located and exposed prior to
building permit issuance.
6. 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.
Resolution 2003-136
(2003008)
Page 3
ADOPTED by the City Council on March 25, 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 March 25, 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