HomeMy WebLinkAboutCity Council Resolution 2016-017
CP
ITY OF LYMOUTH
RN.2016-017
ESOLUTION O
RAVRYSP
ESOLUTION PPROVING A ARIANCE TO THE EAR ARD ETBACK FOR ROPERTY
L2850NLN(2015107)
OCATED AT ORWOOD ANE ORTH
WHEREAS, Thomas McGuire has requested approval of a variance to the rear yard setback; and
WHEREAS, the subject property is legally described as: Lot 14, Block 3, Medicine Lake Estates,
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 Thomas McGuire for a variance to
the rear yard setback for property located at 2850 Norwood Lane North, subject to the following
findings and conditions:
1.The requested variance is hereby approved for the construction of a three-season porch addition
over the existing deck off the rear northeast corner of the home that would encroach eight feet
into the required 25-foot rear yard setback, in accordance with the application received by the city
on November 25, 2015, except as may be amended by this resolution.
2.The 8-foot by 15-foot addition shall be constructed with similar materials and colors as the existing
home.
3.The requested rear setback variance is approved, based on the finding that all applicable variance
standards would be met, as follows:
a)The variance permitting the three-season porch addition is consistent with the residential uses
listed for this land use classification in the comprehensive plan.
b)The applicant has established that there are practical difficulties in complying with the
ordinance. “Practical difficulties” means that:
1)Permitting the porch on the home on this lot allows the property to be used in a
reasonable manner.
2)The plight of the landowner is unique as the subject lot is undersized for lots located
in the RSF-1 zoning district, thus limiting the amount of buildable area.
3)The variance, if granted, would not alter the essential character of the locality; this
neighborhood is fully developed.
Resolution 2016-017
(2015107)
Page 2
c)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 occupants.
d)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 porch based on
architectural, aesthetic and safety considerations.
e)The proposed porch 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.
f)The variance requested is the minimum action required to address or alleviate the practical
difficulties and to allow the homeowners to improve the livability of the home.
4.A building permit is required prior to construction of the three-season porch addition.
5.Any subsequent phases or expansions are subject to required reviews and approvals per ordinance
provisions.
6.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 12th day of January, 2016.
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
January 12, 2016 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