HomeMy WebLinkAboutCity Council Resolution 2001-355CITY OF PLYMOUTH
RESOLUTION 2001-355
APPROVING A SIDE YARD SETBACK VARIANCE FOR KEVIN AND KATHY
SULLIVAN FOR PROPERTY LOCATED AT 2730 BLACK OAKS LANE NORTH
(2001071)
WHEREAS, an application has been filed by Kevin and Kathy Sullivan which requests approval of
a variance for a 10 -foot side yard setback where 15 feet is specified for a garage addition for
property legally described as follows:
Lot 2, Block 3, Mapledell, Hennepin County, Minnesota.
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 variance request of
Kevin and Kathy Sullivan for a 10 -foot side yard setback where 15 feet is specified for property
located at 2730 Black Oaks Lane North, subject to the following findings and conditions:
1. This variance request to permit a 10 -foot side yard setback is hereby approved in accordance
with the application and plans received by the City on June 28, 2001, except as amended by
this resolution.
2. The garage addition shall be finished to match the existing home and garage.
3. This resolution is approved with the finding that the applicable variance standards have been
met. Specifically:
a. The applicants only viable option is to build this addition on the south side of the existing
garage. Kevin Sullivan is a quadriplegic and the additional six feet is needed to allow a
handicapped van and a second car to be in the garage at the same time.
Resolution 2001-355
(2001071)
Page 2
The applicant's home was also constricted closer to the south side lot line. If the home
were centered on the lot, there would be more than 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 off -center on the lot is not typical and if the home had been
centered on the lot, the applicant could have built the garage addition without a variance.
c. The request is not based upon a desire to increase value or income potential of the
property. The proposal would allow the addition onto the existing garage 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 home
was constricted in 1967 and the applicants purchased the home in 1997.
e. The granting of the variance would not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood. The applicants would design the garage
addition to be consistent with the character of the existing 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 requested variance is the minimum action necessary to eliminate the hardship. The
proposed two -stall garage would be 30 feet wide. This would allow for wheelchair
accessibility within their garage space.
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 August 28, 2001.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
Resolution 2001-355
(2001071)
Page 3
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