HomeMy WebLinkAboutCity Council Resolution 1999-198CITY OF PLYMOUTH
RESOLUTION 99-198
APPROVING A CONDITIONAL USE PERMIT AND VARIANCE FOR MARK AND JAYME
HLAVACEK FOR PROPERTY LOCATED AT 11831 18TH AVENUE NORTH (99015)
WHEREAS, Mark and Jayme Hlavacek have requested approval of a conditional use permit and
variance to allow the construction of a detached garage on property legally described as:
Lot 19, Block 2, Elmhurst Gateway 2nd Addition, Hennepin County, Minnesota.
WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing
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 by Mark
and Jayme Hlavacek for a conditional use permit and variance, subject to the following
conditions:
1. A conditional use permit is approved to allow a 624 -square foot detached garage where 375
square feet is the maximum size permitted by ordinance, subject to the application dated
February 23, 1999, and revisions dated March 12, 1999, except as amended by this resolution.
2. A variance is approved to allow a 21 -foot front yard setback where 25 feet is required, based
on the following findings:
a. A hardship exists due to the small size and layout of the parcel. The home design with the
one -stall tuck -under garage prohibits any reasonable expansion of the existing garage.
The steep grades and location of the home make this the only reasonable location for the
detached garage.
Res. 99-198
Page 2
b. The conditions relating to the hardship are not generally applicable to other properties in
the RSF-2 district. This Evergreen Lane area of the City is very unique due to the several
non -conforming lots that were platted prior to modern zoning and subdivision regulations.
c. The request is not based upon a desire to increase value or income potential. The
proposal would help to make the home more livable and enjoyable for the owner.
d. The hardship is caused by the Zoning Ordinance and the physical surroundings of the
property, and was not self-created.
e. The granting of the variance would not be detrimental to the public welfare or injurious to
other land in the neighborhood because the garage would compliment the existing home
and would be consistent with other properties in the area.
f. The location of the garage would not impair an adequate supply of light and air to
adjacent property. The location of the garage would not endanger public safety or create a
problem for vehicular traffic because the garage would not be located within the sight
triangle of the intersection and would not obstruct the view of motorists. Additionally, the
garage would not increase the danger of fire or substantially diminish property values in
the neighborhood.
g. The requested variance is the minimum action necessary. A smaller variance would
increase the impervious surface area over 25 percent in the shoreland district and would
require a variance from those requirements. Staff finds that a minor setback variance is
preferable to an impervious surface area variance.
3. The garage must be finished to match the existing home.
4. This approval shall expire one year after the date of approval, unless the property owner or
applicant has substantially started construction of 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 Sections 21015.07 and 21030.06 of the Zoning Ordinance.
Adopted by the City Council on May 4, 1999.