HomeMy WebLinkAboutCity Council Resolution 2001-353CITY OF PLYMOUTH
RESOLUTION 2001-353
APPROVING A VARIANCE TO ALLOW A 51.4 FOOT REAR -YARD SETBACK FROM
SCHMIDT LAKE FOR A HOME, GARAGE AND DECK ADDITION AT 12230 45TH
AVENUE NORTH (2001066)
WHEREAS, an application has been filed by David and Srisuda Arneson which requests approval
of a variance to allow a 51.4 foot rear yard setback from Schmidt Lake where the Zoning
Ordinance requires 75 feet. The variance would allow constriction of a home, garage, and deck
addition on property legally described as follows:
Lot 1, Block 2, Shorewood Acres, 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 David
and Srisuda Arneson for a variance to allow a 51.4 foot -rear yard setback from Schmidt Lake for
a home, garage and deck addition at 12230 45"' Avenue North, based upon the following findings:
1. This variance request to allow a 51.4 foot rear -yard setback from Schmidt Lake is hereby
approved in accordance with the plans and application received by the City on August 2, 2001
and August 7, 2001 except as amended by this resolution.
2. This resolution is approved with the finding that the applicable variance standards have been
met. Specifically:
a. The creation of this lot predates the City's shoreland regulations. At the time the home
was built, the building was not required to comply with the 75 foot setback requirement.
Consequently, the home was developed without regard to setback requirements.
The only viable option for expansion is to build the addition on the west side of the home.
The applicants are proposing to build the addition on an existing bituminous driveway. To
Resolution 2001-353
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build the addition in any other portion of the lot would require at minimum a shoreland
variance for imperious surface area coverage on the lot.
b. The conditions relating to the hardship are not generally applicable to other properties in
the RSF-I zoning district. The applicant's home predates the shoreland district
requirements. If the home were built closer to 45t11 Avenue (the true front yard), there
would be enough space to meet the setback requirement. The placement of the home on
the lot limits the opportunities for additional garage and living space and creates a
hardship.
c. The request is not based exclusively upon a desire to increase value or income potential of
the property. The proposal would allow the constriction of additional living space, plus a
replacement garage and deck for the convenience of the property owners and would not
detract from the appearance of the home or surrounding properties. The applicants are
proposing to constrict the addition with materials and design compatible with the existing
exterior of the home.
d. The hardship is caused by the Zoning Ordinance and has not been self-created. The home
was constricted in 1965 and the applicants purchased the home in 1993.
e. Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. The proposed addition would face Larch
Lane, 45'11 Avenue North and Schmidt Lake. In addition, the applicant's lot is well
screened with existing plantings. The adjacent properties along Schmidt lake have similar
setbacks to the applicant's property.
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 appears to be the minimum action necessary to eliminate the
hardship.
3. A building permit for the garage, home and deck addition shall be obtained prior to
constriction.
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 this 28'11 day of August, 2001.
Resolution 2001-353
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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 28, 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