HomeMy WebLinkAboutCity Council Resolution 1999-395CITY OF PLYMOUTH
RESOLUTION 99-395
APPROVING A SIDE YARD SETBACK VARIANCE FOR SALVATORE AND NANCY
TESTA ON PROPERTY LOCATED AT 2305 WALNUT GROVE LANE NORTH (99072)
WHEREAS, an application has been filed by Salvatore and Nancy Testa which requests approval
of a variance for a 4.5 -foot side yard setback where 15 feet is required for the addition of a third
garage stall, for property legally described as follows:
Lot 3, Block 4, Imperial Hills 4th Addition, Hennepin County, Minnesota.
WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting
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 variance request of
Salvatore and Nancy Testa for a 4.5 -foot side yard setback where 15 feet is required for property
located at 2305 Walnut Grove Lane North, subject to the following findings and conditions:
1. This variance request to permit a 4.5 -foot side yard setback is hereby approved in accordance
with the application and plans received by the City on July 13, 1999, and revisions received on
August 2, 1999, except as amended by this resolution.
2. The garage addition shall be finished to match the existing home and garage.
This resolution is approved with the finding that the applicable variance standards have been
met. Specifically:
a. This is the only location for a garage addition. The rear yard is inaccessible due to steep
grades and the addition of a detached garage on the north side of the property would
require a second driveway. Staff finds that the location of the house does limit the
opportunities for a garage addition. The existing home was located on the south portion
of the lot. If the home had been centered on the lot, the applicant would have adequate
space for construction of the garage on the south side of the home.
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b. The applicant states that the conditions relating to the hardship are not generally
applicable to other properties in the RSF-1 zoning district. This home was constructed on
the south portion of the lot and the proposed third stall could not be constructed without
the requested 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 addition of a third garage stall for the
convenience of the property owner and would not detract from the appearance of the
home or surrounding properties. The applicant is proposing to construct the garage
addition 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. The existing home is only 16.5 feet from the side lot line and the location of the
existing home offers limited opportunities for construction of a convenient garage
addition.
e. There is no evidence that the granting of the variance would be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood.
f. The variance 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 action necessary to allow construction of the proposed
garage addition.
4. A building permit for the addition shall be obtained prior to construction.
5. This approval shall expire one year after the date of approval, unless the applicant has
substantially started construction 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 21030.06 of the Zoning Ordinance.
Adopted by the City Council on September 21, 1999.
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 21, 1999, with the original thereof on file in my office, and
the same is a correct transcription thereof.
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WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk