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HomeMy WebLinkAboutCity Council Resolution 2003-177CITY OF PLYMOUTH RESOLUTION 2003-177 APPROVING VARIANCES FOR LOT AREA, LOT WIDTH, AND SIDE YARD SETBACKS TO ALLOW RECONSTRUCTION OF A FIRE -DAMAGED HOME FOR PROPERTY LOCATED AT 3125 WALNUT GROVE LANE NORTH (2003028) WHEREAS, an application has been filed by Empire Building and Remodeling which requests approval of variances to allow a lot area of 13,500 square feet, a lot width of 90 feet, and side yard setbacks of 11 feet, where the RSF-1 standards of the Zoning Ordinance specify a minimum lot area of 18,500 square feet, a minimum lot width of 110 feet, and minimum side yard setbacks of 15 feet, and WHEREAS, approval of the requested variances would allow the reconstruction of a fire -damaged home upon its existing foundation; and WHEREAS, the subject property is legally described as Lot 3, Block 3, Amber Woods; and 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 Empire Building and Remodeling for variances for lot area, lot width, and side yard setbacks for property located at 3125 Walnut Grove Lane North, subject to the following findings and conditions: 1. This variance is granted in accordance with the application and plans received by the City on March 17, 2003, 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 hardship in the case is related to the original platting and the SUP (Subdivision Unit Project) approved for this lot, which authorized a lot area less than 18,500 square feet, a lot Resolution 2003-177 (2003028) Page 2 width less than 110 feet, and side yard setbacks less than 15. There are similarly situated properties located on both sides of the subject lot, therefore, it is not feasible to enlarge the lot in a manner that would comply with the RSF-1 standards. Denial of the variances would result in an undue hardship because it would deny the landowner reasonable use of this property for the single-family residential use in which it was platted and intended. b) The conditions relating to the hardship are not generally applicable to other properties in the RSF-1 zoning district. Most RSF-1 properties were platted with a lot area and lot width that meet the RSF-1 standards, and that accommodate 15 -foot side yard setbacks. c) The request is not based upon a desire to increase the value or income potential of the property but rather to allow reconstruction of the home that was destroyed by fire. d) The hardship was not self-created by the applicant, but rather was created by the zoning ordinance requirements specifically related to this platted lot of record. e) Granting the variances would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The reconstructed home on this lot would be compatible with the character of the neighborhood. f) The requested variances 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 variances that have been requested are the minimum variances needed in order to eliminate the hardship. The variances would allow the home to be reconstructed in accordance with its previous location on the lot. 3. Building permits shall be obtained prior to reconstruction of the home. 4. 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 April 8, 2003. Resolution 2003-177 (2003028) 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 April 8, 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