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HomeMy WebLinkAboutCity Council Resolution 2015-164CITY OF PLYMOUTH RESOLUTION No. 2015-164 RESOLUTION APPROVING A VARIANCE TO THE SIDE YARD SETBACK TO ALLOW A GARAGE AND HOME ADDITION FOR PROPERTY LOCATED AT 306 PINEVIEW LANE NORTH (2015029) WHEREAS, Eric Mahin has requested approval of a side yard setback variance for a home and garage addition; and WHEREAS, the subject property is legally described as: Lot 14, Block 2, Wilshire Gardens, Hennepin County, Minnesota; and WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Eric Mahin for a side yard setback variance for a garage and home addition for property located at 306 Pineview Lane North, subject to the following findings and conditions: 1. The requested variance is hereby approved to allow a south side yard setback variance of nine feet where 15 feet is required to the attached garage, in accordance with the application received by the city on April 15, 2015 and additional information on April 23, 2015, except as may be amended by this resolution. 2. The requested side yard setback variance is approved, based on the finding that all applicable variance standards would be met, as follows: a) The variance permitting the garage and home addition is consistent with the residential uses listed for this land use classification in the comprehensive plan. b) The applicant has established that there are practical difficulties in complying with the ordinance. "Practical difficulties" means that: 1) Permitting the existing detached garage to be replaced by an attached garage on the home on this lot allows the property to be used in a reasonable manner. 2) The plight of the landowner is unique as the subject lot has an angled lot line that was not created by the landowner. 3) The variance, if granted, would not alter the essential character of the locality; this neighborhood is a fully developed neighborhood. c) The purpose for the variation is not based exclusively on economic considerations; but rather, the variance is requested to make improvements to the home to make it more livable for the current occupant Resolution 2015-164 (2015029) Page 2 d) Granting the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The applicant is proposing the replacement of the existing single -stall detached garage for additional interior storage space and vehicle parking. e) The proposed garage and home addition would not impair an adequate supply of light and air to adjacent properties, nor would it substantially increase congestion of public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood. f) The variance requested is the minimum action required to address or alleviate the practical difficulties and to allow the homeowners to improve the livability of the home and to provide usable space. 3. A building permit is required prior to construction of the garage and home addition. 4. Removal of the existing garage shall be incorporated with the building permit. 5. At framing inspection, the building inspector shall field verify that the southeast corner of the garage is at least nine feet from the south side property line, based on located property irons. 6. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. 7. The variance shall expire one year after the date of approval, unless the property owner or applicant has commenced the authorized improvement or use, or unless the applicant, with the consent of the property owner, has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 21030.06 of the zoning ordinance. ADOPTED by the City Council on this 9th day of June, 2015. 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 June 9, 2015 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