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HomeMy WebLinkAboutCity Council Resolution 2003-467CITY OF PLYMOUTH RESOLUTION NO. 2003-467 Amends and Restates Resolution No. 2003-361 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 2003-361 APPROVING VARIANCES FOR REDEVELOPMENT OF AN UNDERSIZED LOT AND IMPERVIOUS SURFACE COVERAGE TO ALLOW CONSTRUCTION OF A NEW SINGLE-FAMILY HOME AT 2426 HEMLOCK LANE NORTH (2003072) WHEREAS, an application has been filed by Jim Dehnbostel which requests approval of variances to allow redevelopment of an undersized lot and impervious surface coverage to permit construction of a new home for property legally described as follows: Parcel 1: Lot 19, Block 1, "Elmhurst", except that part lying northeasterly of a line running from a point on the southeasterly line distant 126 feet northeasterly from the most southerly corner thereof to a point on the northwesterly line a distance of 131.5 feet northeasterly from the most westerly corner thereof. Parcel 2: That part of Lot 19, Block 1, "Elmhurst" described as follows: commencing at a point on the northwesterly line of said Lot 19, distant 131.5 feet northeasterly from the most westerly corner thereof, thence northeasterly along said northwesterly line a distance of 63 feet; thence southeasterly to a point on the southeasterly line of said Lot 19, distant 189 feet northeasterly from the most southerly corner thereof, thence southwesterly along said southeasterly line a distance of 63 feet; thence northwesterly to a point of beginning. Together with an easement over the southeasterly 6 feet of that part of Lot 19 lying northeasterly of a line drawn from a point on the northwesterly line of Lot 19, distant 194.5 feet northeasterly from the most westerly corner thereof to a point on the southeasterly line of said Lot 19, distant 189 feet northeasterly from the most southerly corner thereof, Block 1, "Elmhurst". WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting and recommends approval. Resolution 2003-467 (2003 072) Page 2 of 4 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 by Jim Dehnbostel for variances to allow redevelopment of an undersized lot and impervious surface coverage to allow construction of a new single-family home at 2426 Hemlock Lane North, subject to the following conditions: 1. This resolution approves variances to allow redevelopment of an undersized lot and for impervious surface coverage, in accordance with the plans and application received by the City on June 24, 2003 and revisions submitted on July 25, 2003 and October 10, 2003, except as amended by this resolution. 2. The variances for an undersized lot and impervious surface coverage are approved with the finding that the applicable variance standards are met. Specifically: A. The subject lot is an existing lot of record created prior to modern zoning and subdivision regulations. The applicant is proposing to combine his two existing non -conforming lots and construct a new, modest -sized home to replace his existing older home. Due to the narrowness of the lot, the property could not be redeveloped in a reasonable manner without granting of the variances. B. The circumstances related to this request are not generally applicable to other properties in the RSF-3 district. The Elmhurst neighborhood is unique due to its several non- conforming lots that were originally platted in the early 1900's, prior to modern zoning and subdivision regulations. Although the City rezoned this neighborhood from RSF-2 to RSF-3 as a means to help preserve the neighborhood, the rezoning was implemented with the recognition that some of the lots in the neighborhood would continue to be nonconforming. The original platting established a lot configuration that does not serve the needs of present day land use, unless variances are granted. C. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. D. The request is not based upon a desire to increase value or income potential. The proposal would allow the applicant to build a new home on his property to replace his older home, which would benefit the community by replacing a non -conforming older home. The proposal strikes a balance between allowing the improvement of the property and meeting current requirements. E. The conditions relating to the hardship were not created by the applicant, but rather were created by the original platting of the lot in the early 1900's. The applicant would be improving the original platting by consolidating two non -conforming lots. Resolution 2003-467 (2003 072) Page 3 of 4 F. The proposal would not be detrimental to the public welfare or injurious to the neighborhood. Many lots in this neighborhood are similarly -sized and would require variances to build a new home. In addition, the size and style of the proposed home would be compatible with the neighborhood. G. The proposal would not impair an adequate supply of light and air to adjacent properties, increase the danger of fire, endanger the public safety, or diminish property values within the neighborhood. This proposal would be an improvement to the lot and neighborhood because a new single-family home could be constructed on the property. In addition, the consolidation of two non -conforming lots would produce a lot that exceeds the minimum lot area in the RSF-3 zoning district. H. The request is reasonable and strikes a balance between allowing redevelopment to occur while minimizing the extent of the variations needed to alleviate the hardship. The lot width variance is beyond the control of the applicant as the lot was platted prior to the applicant's ownership of the property. The applicant has revised his originally submitted building plans to reduce the amount of impervious surface coverage on the lot and the amount of side yard setback encroachment in order to minimize the amount of variance needed. 3. The building height requirements are as stated in the RSF-3 (Residential Single Family Detached 3) zoning district. No variances are approved or implied. 4. Prior to issuance of a building permit, the applicant shall submit an accurate survey for the revised house plans. The survey shall identify the amount of impervious surface coverage on the lot. The survey shall also be corrected to show the structure to the north on the adjacent property is a garage. 5. Prior to issuance of a building permit, the applicant shall provide proof that the lot consolidation for the subject property was recorded at Hennepin County. 6. The applicant shall construct a raingarden on-site to reduce the impact of the additional impervious surface from the driveway. The raingarden shall be installed after construction of the home is completed. 7. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 8. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, or unless the landowner or 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 2003-467 (2003 072) Page 4 of 4 Adopted by the City Council on October 28, 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