HomeMy WebLinkAboutCity Council Resolution 2000-519CITY OF PLYMOUTH
RESOLUTION 2000-519
APPROVING A VARIANCE TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT
YARD FOR SCOTT L. JOHNSON FOR PROPERTY LOCATED AT 330 MERRIMAC LANE
NORTH (2013 5)
WHEREAS, an application has been filed by Scott L. Johnson which requests approval of a
variance to permit an accessory structure in a front yard for property legally described as follows:
Lot 6, Block 5, Hawthorne Ponds.
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 L.
Johnson for a variance to permit an accessory structure in a front yard for property located at 330
Merrimac Lane North, subject to the following conditions:
1. This resolution approves a variance to permit an accessory structure in a front yard in
accordance with the plans and application received by the City on August 25, 2000, except as
amended by this resolution.
2. The variance is approved with the finding that the applicable variance standards are met.
Specifically:
a) The physical surroundings of the property creates a unique hardship, as distinguished from
a mere inconvenience. The Zoning Ordinance defines each yard that abuts a public street
as a "front" yard.
Resolution 2000-519
(20135)
Page 2
b) The subject property fronts on three public streets. The majority of residential properties in
the RSF-1 zoning classification do not share this same condition. The lot is also roughly 15
feet above the level of 3rd Avenue North, which would discourage access from 3rd Avenue
North.
c) The purpose of the variance is not based exclusively upon a desire to increase the income
potential of the parcel; but rather, the variance is needed to alleviate the hardship caused by
Zoning Ordinance's definition of a front yard, which in this case applies to two of the four
yards.
d) The hardship is caused by the Zoning Ordinance and the physical surroundings of the
property, and was not self-created.
e) The granting of the variance would not be detrimental to the public welfare or injurious to
other land in the neighborhood because the applicant would locate the building in the
southeastern portion of the lot where it would be screened by trees.
f) The location of the shed would not impair an adequate supply of light and air to adjacent
property. Conversely, if the shed was moved to the side yard on the north side of the
home, it may impair light and air to adjacent property.
The location of the storage shed/screen porch in the front yard would not endanger public
safety or create a problem for vehicular traffic because the lot is roughly 15 feet above the
level of the street and screened with 47 pine trees. Additionally, the storage shed/screen
porch would not increase the danger of fire or substantially diminish property values in the
neighborhood.
g) The requested variance does appear to be the minimum action required to eliminate the
hardship. The building would be located 25 feet from the front (southeast) property line
that runs parallel to 3rd Avenue North and 15 feet from the side (north) setback.
3. Prior to construction, the applicant shall obtain a building permit.
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 October 24, 2000.
Resolution 2000-519
(20135)
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 October 24, 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