HomeMy WebLinkAboutCity Council Resolution 2002-241CITY OF PLYMOUTH
RESOLUTION 2002-241
APPROVING VARIANCE REQUEST FOR TERRANCE AVERY FOR PROPERTY
LOCATED NEAR 18TH AVENUE AND EAST MEDICINE LAKE DRIVE,
DESCRIBED AS TRACT D, INGLEBRAE ADDITION. (2002035)
WHEREAS, Terrance Avery has requested approval of a variance to allow development
of a single family home at Tract D in the Inglebrae Addition; and
WHEREAS, the subject property is legally described as:
Tract D, Registered Land Survey No. 1666, Hennepin County; and
WHEREAS, the Planning Commission has reviewed said 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 Terrance Avery for a variance, subject to the following findings and conditions:
1. The variance is to allow development of an existing legal non -conforming lot, in
accordance with the application received by the City on April 1, 2002.
2. The applicable variance standards are met, as follows:
a. The subject lot was platted in 1922 under a different set of zoning standards, and
without the variance, the lot could not be developed. Outside of using the lot for a
single family nome, there is other reasonable use of the property.
b. The conditions relating to the hardship are not generally applicable to other
properties in the RSF-2 district. The "Inglebrae" lots are unique due to the several
non -conforming lots that were platted and developed prior to modern zoning and
subdivision regulations.
Resolution 2002-241
(2002035)
Page 2
c. The request is not based solely upon a desire to increase value or income potential.
The proposal would allow the applicant to build a new home.
d. The conditions relating to the hardship were not created by the applicants, but
rather were created by the original platting of the lot which occurred in 1922.
e. The proposal would not be detrimental to the public welfare or the neighborhood,
nor would it impair the supply of light and air to adjacent property, increase the
danger of fire, endanger the public safety, or diminish property values within the
neighborhood. Six other homes in the neighborhood are built on lots with similar
lot areas and widths as the subject lot. In addition, all setbacks could be met if the
lot were developed with a single family home. Also, there are several existing
two-story homes in the neighborhood, the proposed two-story design would be
compatible with the housing style in the immediate neighborhood.
f. The applicants have demonstrated that if they were allowed to constrict a single
family home on the subject lot that it could meet all of the required setbacks and
shoreland coverage requirements for the RSF-2 zoning district.
g. The applicant has demonstrated that the lot can be developed with a two-story
single family home meeting all other City standards tht would apply to the subject
lot.
3. This approval shall expire one year after the date of approval, unless the landowner or
applicant has started 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 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, 2000, 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