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HomeMy WebLinkAboutCity Council Resolution 2002-559CITY OF PLYMOUTH RESOLUTION 2002-559 APPROVING A VARIANCE FOR DRIVEWAY SETBACK AND WIDTH FOR BARB FONTAINE FOR PROPERTY LOCATED AT 16955 40TH AVENUE NORTH (2002142) WHEREAS, an application has been filed by Barb Fontaine which requests approval of a variance to allow constriction of a driveway that would encroach 10 feet into the required 40 -foot setback from an intersection and additionally, would be 29.5 feet in width at the curb versus the Zoning Ordinance maximum of 24 feet for property legally described as follows: Lot 8, Block 2, Holly Creek 5'11 Addition, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request of Barb Fontaine for a variance for driveway setback from the street intersection and width of the driveway for property located at 16955 40t1i Avenue North, based upon the following conditions and findings: 1. The applicant shall work with staff to ensure that the landscaping does not interfere with sight visibility at the intersection of 40t11 Avenue and Garland Lane. 2. This resolution is approved with the finding that the applicable variance standards have been met. Specifically: a) The lot contains frontage on two local streets. The home was placed on the lot to attempt to alleviate potential drainage problems. This pulled the location of the garage closer to 40'11 Avenue, which also brought the potential driveway closer to the intersection. b) The conditions of the parcel are unique and are not applicable, generally, to other property within the same zoning classification in the RSF-2 (Single Family Detached 2) due to the placement of the home on the lot. The orientation of the home on the lot creates a shorter driveway off of Garland Lane. This limits the number of vehicles the driveway can Resolution 2002-559 (2002142) Page 2 support. A straight-line driveway would allow the maximum use of the driveway for off- street parking purposes. c) The request is not based exclusively upon a desire to increase value or income potential of the property. The proposal would allow vehicles to be driven safely straight into the garage for the property owner, and also allow the style of the landscaping to match the architectural style of the home. d) The hardship is caused by the Zoning Ordinance and is not self-created. It has not been created by any persons having an interest in the parcel of land. e) Granting the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The proposed driveway location is along a local street with minimal traffic and would not cause any restrictions to site visibility. f) The variance 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 current residents to improve the livability of their lot by allowing vehicles to be safely driven straight into the garage. The proposed location is the best placement to fit with the placement of the home and garage on the lot. 3. 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 the City Council this 17"' day of December, 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 December 17t1' 2002 with the original thereof on file in my office, and the same is a correct transcription thereof. Resolution 2002-559 (2002142) Page 3 WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk