HomeMy WebLinkAboutCity Council Resolution 2015-347
CP
ITY OF LYMOUTH
RN.2015-347
ESOLUTION O
RAVSYSAG
ESOLUTION PPROVING A ARIANCE TO THE IDE ARD ETBACK TO LLOW A ARAGE
APL1240CR101(2015091)
DDITION FOR ROPERTY OCATED AT OUNTY OAD
WHEREAS, John Mohs has requested approval of a variance for a garage addition; and,
WHEREAS, the subject property is legally described as: Lot 31, Block 1, City View Acres,
Hennepin County, Minnesota; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the request by John Mohs for a variance for
property located at 1240 County Road 101, subject to the following findings and conditions:
1.The requested variance is hereby approved to allow an attached garage to be constructed three
feet from the south property line where 15 feet is required, in accordance with the application
received by the city on October 12, 2015, except as may be amended by this resolution.
2.The requested side yard setback variance is approved, based on the finding that all applicable
variance standards would be met, as follows:
a)The variance permitting the garage addition is consistent with the residential uses listed for
this land use classification in the comprehensive plan.
b)Permitting the existing detached garage to be replaced by an attached garage on the home on
this lot allows the property to be used in a reasonable manner.
c)The plight of the landowner is unique and not self-created. The lot was created prior to
modern zoning requirements and has a width of 75 feet where the current ordinance would
require 110 feet. The lesser lot width reduces the options the property owner would
otherwise have to build an attached garage.
d)The variance, if granted, would not alter the essential character of the locality; the
neighborhood is fully-developed where most of the homes pre-date modern zoning
requirements. As a result, the setbacks are not consistent.
e)The purpose for the variation is not based exclusively on economic considerations; but rather,
the variance is requested to make improvements to the home to make it more livable for the
current occupant.
f)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 the replacement of
the existing single-stall detached garage for additional space for storage and vehicle parking
and has designed the garage to look like a two-car garage from the street.
Resolution 2015-347
(2015091)
Page 2
g)The proposed garage addition would not impair an adequate supply of light and air to
adjacent properties, nor would it substantially increase congestion of public streets, increase
the danger of fire, endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
h)The variance requested is the minimum action required to address or alleviate the practical
difficulties.
3.A building permit is required prior to demolition of the existing home or construction of the
garage addition.
4.Prior to issuance of the permit, the applicant shall modify the plans to indicate the color and
materials for the siding and roof would be consistent with the existing home.
5.Prior to the footings inspection, the applicant shall expose the property corners, stake and string
the property line to allow the setback to be field-verified by the building inspector.
6.Approval of this variance does not grant the applicant or their agents permission to enter upon
neighboring privately-owned properties.
7.Any subsequent phases or expansions are subject to required reviews and approvals per ordinance
provisions.
8.The variance shall expire one year after the date of approval, unless the property owner or
applicant has commenced the authorized improvement or use, or unless the applicant, with the
consent of the property owner, 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 this 8th day of December, 2015.
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
December 8, 2015 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