HomeMy WebLinkAboutCity Council Resolution 1999-355CITY OF PLYMOUTH
RESOLUTION 99-355
APPROVING A VARIANCE TO ALLOW A 17 -FOOT REAR YARD SETBACK DAVID
VAYNBERG FOR PROPERTY LOCATED AT 10710 34TH AVENUE NORTH (99076)
WHEREAS, an application has been filed by David Vaynberg which requests approval of a
variance to permit a 17 -foot rear yard setback for a three -season porch, where the Zoning
Ordinance requires 25 feet for property legally described as follows:
Lot 4, Block 3, Wood Creek Addition, 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 David
Vaynberg for a variance for a 17 -foot rear yard setback line for property located at 10710 34t'
Avenue North, subject to the following conditions:
1. This resolution approves a variance for a 17 -foot rear yard setback for a three -season porch,
in accordance with the plans and application received by the City on July 16, 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 applicant is proposing a 12 -foot wide by 18 -foot deep three -
season porch in order to have a usable room and avoid several large trees that are located
in the rear yard. Because of the location of the house on this heavily wooded lot, the
applicant could not build the proposed porch without a rear yard setback variance. The
existing home is 35 feet from the rear lot line and the Zoning Ordinance would allow
Resolution 99-355
(99076)
Page 2
construction of a 10 -foot deep porch without a variance. The larger porch would allow a
more usable room and the position of the porch would allow the applicant to construct the
three -season porch without removing any of the large trees in the rear yard.
b. The conditions relating to the hardship are not generally applicable to other properties in
the RSF-1 zoning district. Due to the location of the existing patio door in the kitchen and
a large tree west of the porch, the proposed porch could not be built with a variance.
c. 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 require removal of large trees and will not detract from the
appearance of the home or surrounding properties. The applicant is proposing to
construct the porch with materials compatible with the exterior of the home.
d. The hardship is caused by the Zoning Ordinance and the physical surroundings of the
property and was not self-created.
e. Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. The proposed addition would be designed
consistent with the existing home and the heavily wooded lot would screen the addition
from adjoining properties.
f. The variances would not impair an adequate supply of light and air to adjacent property,
or 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 necessary in order to allow the three -season porch as
proposed.
3. The applicant must obtain the appropriate permits from the Building Division prior to
commencing any work on the building.
4. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
5. 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 September 7, 1999.
Resolution 99-355
(99076)
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 September 7, 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
City Clerk