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HomeMy WebLinkAboutCity Council Resolution 2017-071 C ITY OF P LYMOUTH R ESOLUTION N O. 2017-071 R ESOLUTION A PPROVING V ARIANCES TO A LLOW A C ARPORT IN THE F RONT Y ARD FOR P ROPERTY L OCATED AT 1035 W EST M EDICINE L AKE D RIVE (2016100) WHEREAS, Ricardo and Cynthia Armijo have requested variances for a carport; and, WHEREAS, the subject property is legally described as: That part of the northeast quarter of the northeast quarter of section 35, Township 118, Range 22, described as follows: Commencing at a point on the westerly line of said quarter-quarter 283.5 feet north of the southwest corner of said quarter-quarter; thence running northerly along said westerly line 140 feet, thence east, at right angles, to the center line of the West Medicine Lake Road, thence southeasterly along said center line of said road to the intersection of a line drawn at right angles from the west line of the aforesaid northeast quarter of the northeast quarter at the point of beginning, at right angles from the west line of the aforesaid northeast quarter of the northwest quarter at the point of beginning, thence westerly along said right angle line to the point of beginning. And, 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 does approve the request by Ricardo and Cynthia Armijo for variances for a carport for property located at 1035 West Medicine Lake Drive, subject to the following findings and conditions: 1. The following variances are approved to allow an oversized carport (448 square feet) in the front yard eight feet from the north property line where 15 is required, in accordance with the application received by the city on December 12, 2016 and January 17, 2017, except as may be amended by this resolution. 2. The requested variances are approved, based on the finding that all applicable variance standards would be met, as follows: a. The request for the carport is consistent with the residential uses listed for this land use classification in the comprehensive plan. b. Permitting the carport allows the property to be used in a reasonable manner. c. The applicants have established that there are practical difficulties locating an accessory building on the property due to steep grades. d. The properties and homes in this area of the city predate the zoning ordinance, and it is not unusual to see non-conforming garages and sheds in the front yards closer to the front property line than would be permitted under the current zoning ordinance. Resolution 2017-071 (2016100) Page 2 Consequently, the presence of an accessory building in the front yard would not alter the essential character of the locality. e. The purpose for the variation is not based exclusively on economic considerations; but rather, the variance is requested to provide protection for a boat and trailer. f. Granting the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. g. The carport 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 any additional work on the carport and shall be applied for within 14 days of approval. 4. Prior to issuance of the permit, the applicant shall amend the plans to indicate that the gables and eaves shall be finished with stucco and painted to match the home. 5. The carport may be used only for the storage of vehicles, recreational vehicles, firewood and refuse containers. 6. The applicants shall use lattice and shrubs to minimize visibility of the boat from the adjacent property to the north. 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 applicants have commenced the authorized improvement or use, or unless the applicants, with the consent of the property owners, have 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 14th day of February, 2017. Resolution 2017-071 (2016100) 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 February 14, 2017 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