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HomeMy WebLinkAboutCity Council Resolution 2000-538CITY OF PLYMOUTH RESOLUTION 2000-538 APPROVING A SIDE YARD SETBACK VARIANCE FOR TANYA AND PATRICK MUELLER FOR PROPERTY LOCATED AT 505 HARBOR LANE NORTH (20158) WHEREAS, an application has been filed by Tanya and Patrick Mueller which requests approval of a variance for a 12.04 -foot side yard setback where 15 feet is specified for the addition of a third -stall garage addition, for property legally described as follows: Lot 12, Block 2, Glen Grove Acres, 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 Tanya and Patrick Mueller for a 12.04 -foot side yard setback where 15 feet is specified for property located at 505 Harbor Lane North, subject to the following findings and conditions: 1. This variance request to permit a 12.04 -foot side yard setback is hereby approved in accordance with the application and plans received by the City on September 29, 2000, except as amended by this resolution. 2. The garage addition shall be finished to match the existing home and garage. 3. This resolution is approved with the finding that the applicable variance standards have been met. Specifically: a. The location of the house limits the opportunities for additional garage space on the property and creates a hardship. The home was originally constructed in the northern portion of the lot. If the home had been centered on the lot, the applicant would have Resolution 2000-538 (20158) Page 2 adequate space for construction of a garage addition on the northt side of the home without the need for a variance. b. The conditions relating to the hardship are not generally applicable to other properties in the RSF-1 zoning district. This home was constructed in the northern portion of the lot and the proposed third stall could not be constructed without the requested variance, creating an atypical condition on this property. 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 and improved livability of the property owners and would not detract from the appearance of the home or surrounding properties. The applicant is proposing to construct the garage addition with materials and design compatible with the exterior of the home. d. The existing home was constructed off -center on the lot with the attached garage on the north side. This condition was not created by the applicants, as the home was constructed in 1958 and the applicants purchased the home in 1997. e. The granting of the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The applicant would design the garage addition to be consistent with the character of the home. f. The variance would not impair an adequate supply of light and air to adjacent property, nor would it 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 garage 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 November 14, 2000. Resolution 2000-538 (20158) 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 November 14, 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