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HomeMy WebLinkAboutCity Council Resolution 2001-366CITY OF PLYMOUTH RESOLUTION 2001-366 APPROVING VARIANCE FOR JEAN MERSCH FOR A THIRD STALL GARAGE ADDITION THAT WOULD ENCROACH 6.5 FEET INTO THE REQUIRED 15 -FOOT SIDE YARD SETBACK FOR PROPERTY LOCATED AT 1625 SHADYVIEW LANE NORTH (2001054) WHEREAS, an application has been filed by Jean Mersch which requests approval of a variance for a third stall garage addition that would encroach 6.5 feet where 15 feet is specified for property legally described as follows: Lot 2, Block 3, Imperial Hills Annex, 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 Jean Mersch for a variance to allow a third stall garage addition that would encroach 6.5 feet into the required 15 -foot side yard setback for property located at 1625 Shadyview Lane North, based upon the following findings: 1. This variance request to permit a 6.5 -foot side yard setback is hereby approved in accordance with the application and plans received by the City on May 29, 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 location of the house limits the opportunities for additional garage space on the property and creates a hardship. The home was originally constricted in the center of the Resolution 2001-366 (2001054) Page 2 lot. If the home had been constricted on the south setback line, the applicant would have been one foot over the required setback for constriction of a garage addition and may have been able to modify plans to have no need for a variance. b. The conditions relating to the hardship are not generally applicable to other properties in the RSF-1 zoning district. This home was constricted in the center of the lot and the proposed two -stall garage could not be constricted without the requested variance, creating an atypical condition on this property. c. The request is not based exclusively upon a desire to increase value or income potential of the property. The proposal would allow two -stall 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 existing home was constricted in the center on the lot with the attached garage on the north side. This condition was not created by the applicants, as the home was constricted in 1975 and the applicants purchased the home in 1998. 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 applicant would design the garage addition to be consistent with the character of the 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 variance is the minimum action necessary to allow constriction of the proposed garage addition. 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. Resolution 2001-366 (2001054) Page 3 ADOPTED by the City Council this 28th day of August, 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 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