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HomeMy WebLinkAboutCity Council Resolution 2001-293CITY OF PLYMOUTH RESOLUTION 2001-293 APPROVING A VARIANCE TO ALLOW A 6.1 -FOOT SIDE YARD SETBACK TO REBUILD AN EXISTING GARAGE ON PROPERTY LOCATED AT 1450 LARCH LANE N. (2001050) WHEREAS, an application has been filed by Daniel and Kathryn Thorson requesting approval of a variance for allow continuation of a side yard setback of less than fifteen feet to rebuild the existing garage, and WHEREAS, the variance would allow constriction of a new garage on the existing footprint and an addition above the garage, and WHEREAS, the subject property is legally described as Lot 2, Block 6, Beacon Heights 2"a Addition, Hennepin County, Minnesota, and WHEREAS, the Planning Commission has reviewed the 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 request of Daniel and Kathryn Thorson for a variance for property located at 1450 Larch Lane N., subject to the following findings and conditions: 1. This variance is granted in accordance with the plans received by the City on May 24, 2001, except as may be amended by this resolution. 2. The variance is granted based upon findings that the applicable variance standards have been met, as follows: Resolution 2001-293 (2001050) Page 2 a) Due to the particular conditions of the parcel of land involved, a hardship to the owner would result if the strict letter of the regulations were to be carried out. Due to the topography of the property, there are no other alternative locations for the garage that would meet the required setbacks. Without granting of the variance, the garage and foundation could not be rebuilt under the Zoning Ordinance. b) The conditions relating to the hardship are unique to the parcel of land because the existing stricture is a non -conforming stricture on a parcel that was platted in 1955 prior to current zoning requirements. The current non -conformity existed prior to the applicant's ownership of the property. c) The request is not based upon a desire to increase value or income potential. The proposal would allow the applicant to rebuild an existing garage and build a bedroom addition above the garage for the comfort of their family. d) The conditions relating to the hardship were not created by the applicant, but rather were created by the platting of the lot and constriction of the garage prior to the current homeowners. e) Granting the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The proposed improvements would not detract from the appearance of the home or surrounding properties. f) The variance is the minimum action needed in order to constrict a reasonably sized garage on the lot. 3. Building permits must be obtained prior to constriction of the addition. 4. 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 July 10, 2001. 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 Resolution 2001-293 (2001050) Page 3 Plymouth City Council on July 10, 2001, 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