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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