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)
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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)
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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