HomeMy WebLinkAboutCity Council Resolution 2000-455CITY OF PLYMOUTH
RESOLUTION 2000-455
APPROVING A FRONT YARD SETBACK VARIANCE FOR A DETACHED GARAGE FOR
BRUCE AND BARBARA DOW ON PROPERTY LOCATED AT 5140 ZACHARY LANE
NORTH (20122)
WHEREAS, an application has been filed by Bruce and Barbara Dow which requests approval of
a variance for a 37.5 -foot front yard setback where 50 feet is specified for the addition of a
detached garage, for property legally described as follows:
The north 145 feet of the west 183.21 feet of the north half of the south half of the northwest
quarter of Section 12, Township 118, Range 22, 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
Bruce and Barbara Dow for a 37.5 -foot front yard setback where 50 feet is required for property
located at 5140 Zachary Lane, subject to the following findings and conditions:
1. This variance request to permit a 37.5 -foot front yard setback is hereby approved in
accordance with the application and plans received by the City on July 28, 2000, except as
amended by this resolution.
2. The detached garage shall be finished to match the existing home.
3. This resolution is approved with the finding that the applicable variance standards have been
met. Specifically:
Resolution 2000-455
(20122)
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a. The location of the existing home and the grades on the property create a hardship and
make the proposed location the only suitable location for the detached garage. If the
garage were built at the required 50 -foot front yard setback, it would be 12.5 feet
closer to the adjacent homes on the south and east and it would reduce the useable
area of the applicant's rear yard. The proposed variance would allow construction of
a detached garage with fewer impacts on adjacent landowners and allow the property
owner to maintain a useable rear yard.
b. The two street frontages on this corner lot and the location of the home on the south
half of the lot are not typical, and if the home had been centered on the lot the
applicant could build the detached garage on the south half of the property. The
grades and the location of the existing home --which is 17.1 feet from the south lot
line --make construction of the proposed garage on the south portion of the lot
undesirable. These factors combine to create a unique situation on this property.
C. The request is not based upon a desire to increase value or income potential of the
property. The proposal would allow the addition of a detached garage for the
convenience and improved livability of the property owners, and would not detract
from the appearance of the home or surrounding properties.
d. The ordinance and the location of adjoining streets cause the hardship; therefore, the
hardships are not self-created. As stated above, the location of the existing home on
this corner lot and the existing grades combine to create a unique hardship.
e. Granting the variance would not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood. The proposed detached garage
would be designed with colors and materials that would be consistent with the existing
home.
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 necessary in order to construct the proposed garage on
this property and maintain a useable back yard.
4. The attached garage shall be used for the storage of personal belongings and automobiles
only. The garage shall not be used for a home occupation or other business related
activities.
5. A building permit for the garage addition shall be obtained prior to construction.
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6. Prior to issuance of building permits, the survey must be revised to identify the location of
Schmidt Lake Road.
7. Prior to issuance of building permits, the survey must be revised to identify the location of the
existing driveway. No new driveways are proposed or approved.
8. Property irons adjacent to the proposed construction shall be located and exposed prior to
building permit issuance.
9. 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 26, 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 September 26, 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