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HomeMy WebLinkAboutCity Council Resolution 2002-311CITY OF PLYMOUTH RESOLUTION 2002-311 APPROVING A SIDE YARD SETBACK VARIANCE FOR KEITH AND KATHRYN WAARANIEMI FOR PROPERTY LOCATED AT 11800 SUNSET TRAIL (2002059) WHEREAS, an application has been filed by Keith and Kathryn Waaraniemi which requests approval of a variance for a 9 -foot side yard setback for an addition for property legally described as follows: Unplatted Section 35 W 100 ft. of E 1100 ft. of the W 1 &2 of SE 1 &4 Lying N of Road, 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 variance request for a 9 -foot side yard setback for an addition for property located at 11800 Sunset Trail, subject to the following findings and conditions: 1. This variance request to permit a 9 -foot side yard setback is hereby approved in accordance with the application and plans received by the City on May 14, 2002, except as amended by this resolution. 2. The addition shall be finished to match the existing home. 3. This resolution is approved with the finding that the applicable variance standards have been met. Specifically: Resolution 2002-311 (2002059) Page 2 a) The parcel contains a portion of a low quality wetland in the rear of the property. This restricts the area in which an addition to the existing home can be made. Therefore, the proposed addition towards the side -yard would provide the most stable soil for building and is the most logical location for expansion from an architectural standpoint. b) The conditions of the parcel are unique due to the angle of the existing home on the lot and the wetland in the rear -yard. If the home had been placed perpendicular to the side lot lines, a variance would not be required for the proposed development. 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 provide additional space to accommodate a family of nine. d) The hardship is caused by the Zoning Ordinance and is not self-created. The home was built in 1960; the current owners purchased the home in 1986. 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 is adjacent to the garage side of the home immediately to the west. 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 allow the applicants to improve the livability of their home to provide adequate living space for their family of nine. The proposed location is the best placement to fit with the angle of the existing home. 4. A building permit for the addition shall be obtained prior to constriction. 5. 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. Resolution 2002-311 (2002059) Page 3 ADOPTED by the City Council on July 9, 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 July 9, 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