HomeMy WebLinkAboutCity Council Resolution 2003-466CITY OF PLYMOUTH
RESOLUTION 2003-466
APPROVING A VARIANCE TO ALLOW A 48.7 FOOT REAR -YARD SETBACK FROM
CAVANAUGH LAKE FOR A HOME AND DECK ADDITION AT 310 SYCAMORE LANE
NORTH (2003109)
WHEREAS, an application has been filed by Gordon Ginsberg which requests approval of a
variance to allow a 48.7 foot rear yard setback from Cavanaugh Lake where the Zoning
Ordinance requires 75 feet. The variance would allow construction of a home and deck addition
on property legally described as follows:
Lot 3, Block 4, Humphrey Estates, 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 Gordon
Ginsberg for a variance to allow a 48.7 foot -rear yard setback from Cavanaugh Lake for a home
and deck addition at 310 Sycamore Lane North, based upon the following findings:
1. This variance request to allow a 48.7 foot rear -yard setback from Cavanaugh Lake is hereby
approved in accordance with the plans and application received by the City on September 18,
2003 except as amended by this resolution.
2. This resolution is approved with the finding that the applicable variance standards have been
met. Specifically:
a. The creation of this lot predates the City's shoreland regulations. At the time the home
was built, the building was not required to comply with the 75 foot setback requirement.
Consequently, the home was developed without regard to setback requirements.
The applicant's property has a unique shoreline, which is not typical of other lots. The
applicant's lot is on a point of Cavanaugh Lake. The point of land provides a large rear
yard area between the existing home and the lake. However, along the east side of the
Resolution 2003-466
(2003109)
Page 2
applicant's lot, the shoreline sharply changes direction (see survey) towards the existing
home. The Zoning Ordinance requires that setbacks be measured at the closest distance
from the proposed structure to the OHWL. With the proposed home and deck addition,
the applicant would still maintain 114 feet at the furthest distance to the OHWL of the
lake. In addition, staff finds that the only viable option for expansion is to build the
addition on the south side of the home.
b. The conditions relating to the hardship are not generally applicable to other properties in
the RSF-1 zoning district. The applicant's home predates the shoreland district
requirements. If the home were designed differently and built closer to Sycamore Lane,
there would be enough space to meet the setback requirement. The placement of the
home on the lot limits the opportunities for additional living space and creates a hardship.
c. The request is not based exclusively upon a desire to increase value or income potential of
the property. The proposal would allow the construction of additional living space and a
deck for the convenience of the property owners and would not detract from the
appearance of the home or surrounding properties. The applicant is proposing to
construct the addition with materials and design compatible with the existing exterior of
the home.
d. The hardship is caused by the Zoning Ordinance and has not been self-created. The home
was constructed in 1984 and the applicant purchased the home in 2003.
e. Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. The proposed addition would face Cavanaugh
and would not be visible from Sycamore Lane. In addition, the applicant's lot is well
screened with existing trees and a fence. The adjacent properties along Cavanaugh lake
have similar setbacks to the applicant's property.
f. The variance would not impair an adequate supply of light and air to adjacent property, or
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 necessary to eliminate the
hardship.
3. A building permit for the home and deck addition shall be obtained prior to construction.
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.
Resolution 2003-466
(2003109)
Page 3
ADOPTED by the City Council this 28th day of October, 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 October 28, 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