HomeMy WebLinkAboutCity Council Resolution 2010-202CITY OF PLYMOUTH
RESOLUTION NO. 2010-202
A RESOLUTION DENYING A VARIANCE FOR STEVE AND ROBERTA DAHL FOR PROPERTY
LOCATED AT 5545 XIMINES LANE NORTH (2010036)
WHEREAS, an application has been filed by Steve and Roberta Dahl which requests
approval of a variance to allow a patio to be installed up to the rear property line, for property
legally described as follows:
Lot 6, Block 2, Harrison Hills 2" a Addition, Hennepin County, Minnesota
WHEREAS, the Planning Commission has reviewed the request at a duly called public
meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by
Steve and Roberta Dahl for a variance to allow a patio installed up to the rear property line where
six feet is required for property located at 5545 Ximines Lane North, based upon the following
findings:
1. There is no hardship associated with the physical surroundings, shape, or topography of the
property that would prohibit the applicants from using and enjoying the property in the
existing condition. Although the additional patio may be a desirable addition to the property,
the applicants currently have—and would continue to have—reasonable outdoor use of the
property without the additional patio.
2. Lot sizes in the subdivision in which the subject lot is located are smaller than the minimum
RSF-2 lot size. All of these smaller -sized lots have the same six-foot rear yard setback for
improvements such as a patio. Developed single family lots in the rest of the city that are
smaller than 12,500 square feet also have the same six-foot rear -yard setback for
improvements. Consequently, a smaller lot does not constitute a unique circumstance.
3. The applicant has not demonstrated how the storm water would flow around the patio or how
the grade difference would be accommodated to prevent impact to adjacent properties.
4. The hardship is self-created as the applicants could reduce the size of the patio.
5. The variance is not the minimum action necessary because the applicant could build a
smaller patio that conforms to ordinance requirements.
ADOPTED by the City Council on July 27, 2010.
Resolution 2010-202
(2010036)
Page 2
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 July 27, 2010 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
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