HomeMy WebLinkAboutCity Council Resolution 2000-233CITY OF PLYMOUTH
RESOLUTION 2000-233
APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A PORCH ADDITION FOR
SCOTT AND MARY LINNELL FOR PROPERTY LOCATED AT 9960 26TH AVENUE
NORTH (20036)
WHEREAS, an application has been filed by Scott and Mary Linnell which requests approval of a
shoreland impervious surface coverage variance to permit construction of a three -season porch
addition for property legally described as follows:
Lot 11, Block 7, Medicine Lake Park 3rd Division.
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 request by Scott
and Mary Linnell for a shoreland impervious surface variance to permit construction of a three -
season porch addition for property located at 9960 26th Avenue North, subject to the following
conditions:
1. This resolution approves a variance to allow 32.4 percent impervious surface area coverage
where 25 percent coverage is permitted, in accordance with the plans and application received
by the City on March 21, 2000, except as amended by this resolution.
2. The property owner must apply for and receive an administrative permit for expansion of a
non -conforming structure.
3. The variance for impervious surface coverage is approved with the finding that the applicable
variance standards are met. Specifically:
Resolution 2000-233
(2003 6)
Page 2
a. The creation of this lot predates the City's shoreland regulations. At the time the property
was platted, the development was not required to comply with any impervious surface
coverage requirements. Consequently, the developers of the project established lot lines
without regard to impervious surface coverage. The variance is requested in order to
allow the property owner to make improvements to this moderate-sized single family
home.
b. The conditions relating to the hardship are not generally applicable to other properties in
the RSF-1 zoning district. The platting of this lot predates the shoreland district
requirements. The minimum lot size in the RSF-1 zoning district is 18,500 square feet and
a home on a standard 18,500 square foot lot would be permitted 4,625 square feet of
impervious surface coverage. This proposal would result in 3,185 square feet of
impervious surface area. Furthermore, staff finds that a hardship is created by the location
of the home on the back of the lot, which necessitates the long driveway. The driveway
creates more than half of the existing impervious surface area coverage. Typically, a
driveway accounts for less than 10 percent impervious surface coverage on a lot.
c. The request is not based exclusively upon a desire to increase value or income potential of
the property; but rather, the variance is necessary to make improvements to the home to
make it more livable for the current occupants.
d. The hardship is caused by the Zoning Ordinance and the physical surroundings of the
property and was not self-created. The creation of the lot predates the shoreland district
requirements.
e. 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 to finish the room
addition to match the existing exterior of the home. Further, granting the variance would
allow the homeowner to make improvements to this property and such improvements
contribute to maintaining property values in the area.
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 requested variance appears to be the minimum action required to eliminate the
hardship and allow the property owner to make reasonable improvements to this home.
While the applicant could possibly construct a smaller addition, the proposed addition
does not appear to be excessive as compared to improvements made to other homes in
this area of the City. Staff finds that the requested variance strikes a balance between the
intent of the shoreland district regulations and the property owner's desire to improve this
property.
Resolution 2000-233
(2003 6)
Page 3
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 May 9, 2000.
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 May 9, 2000 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