HomeMy WebLinkAboutCity Council Resolution 2015-258CITY OF PLYMOUTH
RESOLUTION No. 2015-258
RESOLUTION APPROVING A VARIANCE TO THE FRONT YARD SETBACK FOR PROPERTY
LOCATED AT 1710 FORESTVIEW LANE NORTH (2015060)
WHEREAS, Tooth and Nail Builders has requested approval of a variance to the front yard setback;
and
WHEREAS, the subject property is legally described as: That part of Lot 12 and Lot 13, Block 2,
Elmhurst Gateway 2nd Addition, lying southwesterly of the northeasterly 126 feet of said Lot 12 and Lot
13; And the southwesterly 37 feet of the northeasterly 126 feet of said Lot 12 and Lot 13, Hennepin
County, Minnesota; and
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the request by Tooth and Nail Builders for a variance
to the front yard setback for property located at 1710 Forestview Lane North, subject to the following
findings and conditions:
1. The requested variance is hereby approved for the construction of a covered deck addition off the
front southwest corner of the home that would encroach 11 feet into the required 25 -foot front yard
setback, in accordance with the application received by the city on July 14, 2015, and additional
information on July 28, 2015 and August 3, 2015, except as may be amended by this resolution.
2. The 11 -foot by 16 -foot addition shall be constructed with similar materials and colors as the existing
home.
3. The requested front setback variance is approved, based on the finding that all applicable variance
standards would be met, as follows:
a) The variance permitting the covered deck addition is consistent with the residential uses listed
for this land use classification in the comprehensive plan.
b) The applicant has established that there are practical difficulties in complying with the
ordinance. "Practical difficulties" means that:
1) Permitting the covered deck on the home on this lot allows the property to be used in
a reasonable manner.
2) The plight of the landowner is unique as the subject lot has a large amount of right-of-
way from the edge of the street to the property line.
Resolution 2015-258
(2015060)
Page 2
3) The variance, if granted, would not alter the essential character of the locality; this
neighborhood is fully developed.
c) The purpose for the variation is not based exclusively on economic considerations; but rather,
the variance is requested to make improvements to the home to make it more livable for the
current occupants.
d) Granting the variance would not be detrimental to the public welfare or injurious to other land
or improvements in the neighborhood. The applicant is proposing the covered deck from an
architectural and aesthetic standpoint.
e) The proposed home addition would not impair an adequate supply of light and air to adjacent
properties, nor would it substantially increase congestion of public streets, increase the danger
of fire, endanger the public safety, or substantially diminish or impair property values within the
neighborhood.
f) The variance requested is the minimum action required to address or alleviate the practical
difficulties and to allow the homeowners to improve the livability of the home and to provide
additional usable space.
4. A building permit is required prior to construction of the covered deck addition
5. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance
provisions.
6. The variance shall expire one year after the date of approval, unless the property owner or applicant
has commenced the authorized improvement or use, or unless the applicant, with the consent of the
property owner, 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 this 25th day of August, 2015.
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 25, 2015 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