HomeMy WebLinkAboutCity Council Resolution 1999-307CITY OF PLYMOUTH
RESOLUTION 99 -307
APPROVING A SIDE YARD SETBACK VARIANCE TO ALLOW THE CONSTRUCTION OF
A THREE -SEASON PORCH APPROXIMATELY 14 FEET FROM THE SOUTH PROPERTY
LINE FOR ERIC PEARSON FOR PROPERTY LOCATED AT 1015 KIRKWOOD LANE
NORTH (99048)
WHEREAS, an application has been filed by Eric Pearson which requests approval of a variance
for an approximately 14 -foot side yard setback, where the ordinance requires a 15 -foot setback
for property legally described as follows:
Lot 19, Block 3, Beacon Heights First Addition, according to the recorded plat thereof, 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 by Eric
Pearson for a variance to permit a 14 -foot setback from the south property line for property
located at 1015 Kirkwood Lane North, subject to the following conditions:
1. This resolution approves a variance to permit an approximately 14 -foot setback from the
south property line for the construction of a new three -season porch, in accordance with the
plans and application received by the City on May 27, 1999, except as amended by this
resolution.
2. The setback variance is approved with the finding that the applicable variance standards are
met. Specifically:
a. The physical surroundings of the property create a unique hardship, as distinguished from
a mere inconvenience. The large hill on the north portion of the site required the original
Resolution 99-307
(99048)
Page 2
builder to locate the home on the south portion of the lot and angle the rear of the home
toward the south lot line. Consequently, in order to maintain a consistent building line, the
three -season porch would be within 14 feet of the south property line.
b. The conditions relating to the hardship are not generally applicable to other properties in
the RSF-1 zoning district. Because of topographical constraints caused by steep grades,
the existing home was constructed at an angle on the south portion of the lot. In order to
construct a porch that is aesthetically compatible with the existing home, a minor setback
variance is required.
The request is not based exclusively upon a desire to increase value or income potential of
the property. The proposal would allow the convenient placement of the three -season
porch in an area that does not detract from the appearance of the building or surrounding
properties. The applicant is proposing to construct the porch with materials compatible
with the exterior of the building.
d. The hardship is caused by the Zoning Ordinance and the physical surroundings of the
property, and was not self-created.
Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. The proposed additions would be designed
consistent with the existing home.
f. The variances would not impair an adequate supply of light and air to adjacent property,
or substantially increase the congestion on 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 necessary in order to construct the proposed addition on this
house.
3. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
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 Section 21030.06 of the Zoning Ordinance.
Adopted by the City Council on July 20, 1999.
Resolution 99-307
(99048)
Page 3
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 July 20, 1999 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
Deputy City Clerk