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HomeMy WebLinkAboutCity Council Resolution 2002-352CITY OF PLYMOUTH RESOLUTION 2002-352 APPROVING VARIANCES FOR GARY AND JAN PRAZAK FOR PROPERTY LOCATED ON KELVIE'S ISLAND ON BASS LAKE (2002067) WHEREAS, an application has been filed by Gary and Jan Prazak which requests approval of variances to allow reconstruction of a cabin and accessory shed on their property located on Kelvie's Island on Bass Lake; and WHEREAS, the subject site is legally described as follows: That part of Lots 1 and 2 in KELVIE' S ADDITION to Hennepin County, Minnesota described as follows: Commencing at the southeast of Lot 2; thence northwesterly in a straight line to a point in the northerly line of said Lot 2 distance 18.1 feet easterly from the northwest corner of said Lot 2; thence westerly 18.1 feet to the northwest corner of said Lot 2; thence southerly along the westerly lines of Lot 1 and 2 a distance of 112.2 feet; thence southeasterly along the southwesterly line of said Lot 1, 12.5 feet, more or less, to a point which is 10 1. 92 feet northwesterly measured along said southwesterly line of Lot 1, from the southeasterly corner of said Lot 1; thence northeasterly a straight line 81.7 feet, more or less to the point of beginning. 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 variances requested by Gary and Jan Prazak subject to the following findings and conditions: 1. The variances requested are granted in accordance with the plans received by the City on May 23, 2002, except as may be amended by this resolution. Resolution 2002-352 (2002067) Page 2 2. The variances requested for the cabin would allow a) a setback of 21.4 feet from the ordinary high water level of Bass Lake, where 75 feet is the minimum setback specified for unsewered lots; b) a side yard setback of 5.1 feet, where 15 feet is the minimum setback specified; and c) redevelopment of a non -conforming lot. 3. The variance requested for the accessory shed would allow a side yard setback of 2.3 feet, where 6 feet is the minimum setback specified. 4. The requested variances are granted based upon findings that the applicable variance standards have been met, as follows: a) The physical characteristics, shape, topographical conditions, and original platting of this lot create a hardship if the strict letter of the regulations were carried out. The subject lot lies on an island that was platting in the early 1900's, prior to modern zoning regulations. Without the variances, the applicant would be required to remove the strictures and would be denied a reasonable use of the land. Due to the size and depth of the lot, there is no area on the lot that a cabin could be located without requiring variances. Additionally, the steep hill located in the southeast portion of the lot creates a hardship with respect to placement of the buildings on the site. b) The conditions related to this lot are unique and not generally applicable to other lots in the RSF-1 zoning district. The lot is unique because it is located on an island and has no access to public streets or public utilities. Additionally, the original platting occurred in the early 1900's, prior to modern zoning regulations. c) The purpose of the request is not based upon a desire to increase value or income potential of the property. The variances would allow the applicants to retain the recently constricted cabin and to reconstruct an accessory shed for the use and enjoyment of the applicants. d) The conditions relating to the hardship were not created by the applicant, but rather were created by the original platting of the island and by the zoning ordinance, which does not provide specific regulations for the island lots. e) Granting the variances would not be detrimental to the public welfare or injurious to other land or improvements in the area. Additionally, the request would involve elimination of an outhouse that may be leaching contaminants into the lake, replacing it with a composting toilet inside the cabin. f) Approval of the variances would not impair an adequate supply of light and air to adjacent properties, would not substantially increase the congestion of the public streets, would not increase the danger of fire or endanger the public safety, and would not substantially diminish or impair property values within the Resolution 2002-352 (2002067) Page 3 neighborhood. The variance would allow retention of a recently reconstructed cabin located in the same area as the former cabin and would allow reconstruction of a new accessory shed in the same area as an existing accessory shed. g) The requested variances are the minimum actions required to eliminate the hardship. Variances are required for any redevelopment of the lot due to the RSF- I and shoreland overlay district regulations, together with the size, shape, context, original platting, and topography of the lot. 5. Approval of the variances shall be contingent upon approval of the necessary building permits by the City Building Division. 6. The applicant shall obtain the necessary permits from Hennepin County for the abandonment of the outhouse and the installation of the composting toilet. 7. 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 August 13, 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 August 13, 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