HomeMy WebLinkAboutCity Council Resolution 2002-240CITY OF PLYMOUTH
RESOLUTION 2002-240
APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A DETACHED GARAGE
WITH A FRONT YARD SETBACK OF 25 FEET WHERE 39 FEET IS REQUIRED FOR
FRANK AND JANICE HENDRICKS FOR PROPERTY LOCATED AT 840 TERRACEVIEW
LANE NORTH (2002034)
WHEREAS, an application has been filed by Frank and Janice Hendricks which requests approval
of a variance to permit a detached garage with a front yard setback of 25 feet where 39 feet is
required for property legally described as follows:
Lot 9, Block 2, Vicksburg Forest First 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 request by Frank
and Janice Hendricks for a variance to allow a detached garage with a front yard setback of 25
feet where 39 feet is required, subject to the following conditions:
1. This resolution approves a variance to permit a detached garage with a front yard setback of
25 feet where 39 feet is required in accordance with the plans and application received by the
City on April 1, 2002, except as amended by this resolution.
2. The variance is approved with the finding that the applicable variance standards are met.
Specifically:
a) The physical surroundings of the property creates a unique hardship, as distinguished from
a mere inconvenience. The lot is unique due its location on a corner, the existing large
front yard setbacks, and the location of trees. The Zoning Ordinance defines each yard that
abuts a public street as a "front' yard. Consequently, the applicant has two front yards.
Resolution 2002-240
(2002034)
Page 2
Requiring the detached garage to be located behind the front yard setback for the home
would cause the garage to be placed in the middle of the backyard. Loss of much of the
space of the back yard would result if the applicants were required to locate the garage
behind the 39 -foot setback.
b) The conditions upon which a petition for a variation is based are unique to the parcel of
land for which the variance is sought and are not applicable, generally, to other property
within the same zoning classification. The corner lot and large front yard setbacks of the
home limit the areas in which the applicant could place the detached garage. The location
of the trees also limits the area in which the existing garage could be expanded.
c) The request is not based upon a desire to increase value or income potential of the
property. The proposal would allow the constriction of a detached garage for additional
storage for the property owners. The proposed location was chosen to preserve the
existing trees on the lot.
d) The hardship is caused by the Zoning Ordinance and has not been self-created. The
existing front yard setback of 39 feet exceeds the minimum 25 -foot front yard requirements
of the Ordinance. Due to the large setback, the applicant would be required to build the
garage in the middle of the back yard in order to meet the requirements. In this case, the
applicant could build the proposed detached garage in the same location by building an
addition to the existing garage.
e) The granting of the variance would not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood. A two -stall garage would not detract
from the appearance of the home or surrounding properties. The applicants are proposing
to constrict the detached garage with materials and design compatible with the exterior of
the home. The closest home to the proposed garage would be roughly 95 feet to the east.
The driveway for the adjacent home is located on Shenandoah Lane, rather than on 9t1'
Avenue. The applicants would design the garage addition to be consistent with the
character of the existing 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 does appear to be the minimum action required to eliminate the
hardship. Since accessory strictures are prohibited in the front yard, there is no setback
requirement from the front property line. Although the Ordinance requires accessory
strictures to maintain a minimum setback of six feet from a side or rear lot line, the
proposed garage would be located in a front yard. Therefore, a 25 -foot front yard setback
is appropriate.
Resolution 2002-240
(2002034)
Page 3
3. Prior to constriction, the applicant shall obtain a building permit.
4. The applicant shall constrict the garage addition to be consistent with the character of the
home with matching building materials and color.
5. The front setback to the detached garage shall be a minimum of 25 feet.
6. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
7. This approval shall expire one year after the date of approval, unless the property owner or
applicant has substantially started constriction 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 2 103 0. 06 of the Zoning Ordinance.
ADOPTED by the City Council on May 28, 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 May 28, 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