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HomeMy WebLinkAboutCity Council Resolution 2017-192 C ITY OF P LYMOUTH R ESOLUTION 2017-192 R ESOLUTION A PPROVING R EQUEST FOR V ARIANCES FOR AN A CCESSORY S TRUCTURE AT 4130 J UNEAU L ANE (2017022) WHEREAS, Matthew Dunn has applied for variances to allow a second accessory structure over 120 square feet in area and 28 feet in height; and WHEREAS, the property is legally described as follows: The south 247.30 feet front and rear of the north 741.90 feet front and rear of the West ½ of the Southeast ¼ of the Northeast ¼ of Section 16, Township 118, Range 22, Hennepin County, Minnesota. Subject to an easement for Juneau Lane; (“subject Property”) and WHEREAS, the Planning Commission reviewed the application at a duly called public meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that it approves the request for variances for a second accessory structure over 120 square feet in area and 28 feet in height, in accordance with the plans on file with the City based on the following findings: 1. The subject property is guided LA-1 on the Plymouth Comprehensive Plan Land Use Plan. 2. The subject property is zoned RSF-1 on the Plymouth Zoning Map. 3. There are practical difficulties in complying with the Chapter: a. The owner proposes to use the property in a reasonable manner. Based on the size of the Subject Property, a second accessory structure is a reasonable use. b. There are circumstances unique to the property that were not created by the landowner. The property is 3.56 in size and heavily wooded. The minimum lot size in the RSF-1 zoning district is 18,500 square feet. c. The variances would not alter the essential character of the neighborhood because of the location of the accessory structure on a large heavily wooded lot. 4. The variances are not detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 5. The requested variances are not based solely upon economic consideration. The variances would allow an accessory structure to remain for the private use and enjoyment of the owner. 1 192604v1 6. The variances are approved subject to the following conditions: a. Because of the construction methods used to complete the accessory structure, a building permit cannot and will not be issued. Keeping the structure is at the sole risk and liability of the owner. b. The accessory structure may not be rented as a separate unit. c. The accessory structure may not be connected to public water or a well. d. Plumbing is prohibited. e. The accessory structure may not be expanded in size. No new decks or additions shall be allowed. f. No additional detached accessory structures shall be allowed on the property. g. The accessory structure shall be kept in good repair. h. If the structure is damaged by more than 50 percent, it shall be removed and may only be rebuilt in conformance with building and electrical codes in effect at the time. i. The structure may have electricity, if the appropriate permit and inspections are applied for and completed. j. The accessory structure shall not be heated or air conditioned. k. The accessory structure shall have smoke detectors. l. Paint color of the accessory structure shall blend with the colors of the natural wooded surroundings and the color of the principle structure. m. By July 1, 2017, proper safety railings for the decks and stairs shall be installed. APPROVED by the City Council on this 23rd day of May, 2017. 2 192604v1 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF PLYMOUTH) 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 May 23, 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 3 192604v1