HomeMy WebLinkAboutCity Council Resolution 2002-509CITY OF PLYMOUTH
RESOLUTION NO. 2002- 509
Amends and Restates Resolution No. 2002-458
A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 2002-458
ADOPTED ON OCTOBER 8, 2002, AND APPROVING A SIDE YARD SETBACK
VARIANCE FOR PAUL AND MARNA SKARSTAD FOR PROPERTY LOCATED AT
2415 GARLAND LANE NORTH (2002110)
WHEREAS, an application has been filed by Paul and Marna Skarstad, which requested
approval of a variance to encroach 2.8 feet into the required 15 -foot side yard setback to allow
constriction of a 12 -foot by 22 -foot two—story addition, for property legally described as
follows:
Lot 6, Block -26, Ponderosa, Hennepin County, Minnesota.
WHEREAS, the Planning Commission reviewed the request at a duly called public meeting and
recommended approval. Based upon that approval, Resolution No. 2002-458 was adopted on
October 8, 2002.
WHEREAS, Resolution No. 2002-458 was erroneously recorded with the Hennepin County
Recorder on October 23, 2002, as Document No. 7843952 against property legally described as:
Lot 6, Block 2, Ponderosa, Hennepin County, Minnesota.
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 of
Paul and Marna Skarstad to encroach 2.8 feet into the required 15 -foot side yard setback for
property located at 2415 Garland Lane North, and legally described as Lot 6, Block 6,
Ponderosa, subject to the following findings and conditions:
1. This variance request to permit a 12.2 -foot side yard setback is hereby approved in
accordance with the application and plans received by the City on August 16, 2002, except as
amended by this resolution.
2. The garage addition shall be finished to match the existing home and garage.
3. The attached garage space shall not exceed 1,000 square feet, except by a conditional use
permit.
4. This resolution is approved with the finding that the applicable variance standards have been
met. Specifically:
a. The applicant's home was constricted slightly closer to the west side lot line. However,
if the home were constricted closer to the west property line, there would be enough
space to meet the setback requirement. Staff finds that the placement of the home on the
lot limits the opportunities for additional garage space and creates a hardship.
b. The location of the home on the lot creates a hardship. The home could have been built
five feet closer to the west property line. This would have provided adequate space for
the addition without the need for a variance.
c. The request is not based upon a desire to increase value or income potential of the
property. The proposal would allow additional garage space for the convenience and
improved livability of the property owners, and would not detract from the appearance of
the home or surrounding properties. The applicant is proposing to constrict the garage
addition with materials and design compatible with the exterior of the home.
d. The hardship is caused by the Zoning Ordinance and has not been self-created. The
existing home was not constricted as close to the west lot line as it could have been
constricted. This condition was not created by the applicants, as the home was
constricted in 1972 and the applicants purchased the home in 1976.
e. Granting of the variance would not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood. The applicant would design the garage
addition to be consistent with the character of the 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 proposed addition would be 12 feet wide. This is a standard width for a three -stall
garage and would not be excessive, therefore, staff finds the requested variance is the
minimum action necessary to alleviate the hardship.
4. A building permit for the garage 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.
ADOPTED by the City Council on October 8, 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 October 8, 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