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HomeMy WebLinkAboutCity Council Resolution 2002-130CITY OF PLYMOUTH RESOLUTION 2002-130 APPROVING VARIANCES TO ENCROACH 7.8 FEET INTO THE 25 -FOOT REAR YARD SETBACK AND TO ALLOW AN IMPERVIOUS SURFACE COVERAGE OF 39.3 PERCENT TO CONSTRUCT AN ADDITION AT 14715 11TH AVENUE NORTH (2001154) WHEREAS, an application has been filed by FEC Constriction requesting approval of variances to encroach 7.8 feet into the 25 -foot rear yard setback and to allow an impervious surface coverage of 39.3 percent, and WHEREAS, the variances would allow constriction of an addition over an existing deck on the property, and WHEREAS, the subject property is legally described as Lot 2, Block 1, Parkers Woods, Hennepin County, Minnesota, 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 FEC Constriction requesting approval of variances to encroach 7.8 feet into the 25 -foot rear yard setback and to allow an impervious surface coverage of 39.3 percent, for property located at 14715 11"' Avenue North, subject to the following findings and conditions: 1. This variance is granted in accordance with the plans received by the City on December 20, 2001 and additional materials submitted on February 8, 2002, except as may be amended by this resolution. Resolution 2002-130 (2001154) Page 2 2. The variance is granted based upon findings that the applicable variance standards have been met, as follows: (a) The subject lot is 8,365 square feet in area which is 45 percent of the minimum lot size in the RSF-1 zoning district (18,500 square feet). The lot is also the smallest lot within the Parkers Woods development. Due to the small size of the lot and existing impervious surface coverage, the owner would not be allowed any addition to the property under the strict letter of the regulations. (b) The conditions for the subject lot are unique in that the subject lot is substantially smaller than the minimum lot size in the RSF-1 zoning district. In addition, when the development was approved in 1992, variances were granted for lot size and lot width within the Shoreland District and front and side yard setbacks. The City Council approved the variances based on the fact that previous plats approved for the site allowed even smaller lot sizes and would have resulted in greater lot coverage. (c) The request is not based exclusively upon a desire to increase value or income potential of the property. The proposed addition would allow the applicants to increase the livability of their home and would not detract from the appearance of the home or surrounding properties. (d) The conditions relating to the hardship (size of the parcel) were not created by the applicant, but rather were created by the original platting of the development and subsequent replatting. The court order regarding the disposition of the one acre outlot substantially limited the size of lots 1 and 2 (subject lot). (e) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. Granting the variance would result in a very minor increase in surface water runoff that would go to Parkers Lake. There are no neighboring homes to the rear and the property borders a large outlot containing a wetland. (f) The variances 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 is the minimum action required to eliminate the hardship. The sunroom would be extended approximately one foot over an existing deck in order to blend the existing roofline into the proposed addition. Resolution 2002-130 (2001154) Page 3 3. Building permits shall be obtained prior to constriction of the addition. 4. This approval shall expire one year after the date of approval, unless the applicant has substantially started constriction 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 2 103 0. 06 of the Zoning Ordinance. ADOPTED by the City Council on March 26, 2002. 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 26, 2002, 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