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HomeMy WebLinkAboutCity Council Resolution 2017-256 C ITY OF P LYMOUTH R ESOLUTION N O. 2017-256 R ESOLUTION A PPROVING A V ARIANCE TO THE R EAR Y ARD S ETBACK TO A LLOW A P ORCH A DDITION TO THE H OME FOR P ROPERTY LOCATED AT 5144 B LACK O AKS C OURT N ORTH (2017047) WHEREAS, Rosalind and David Ward have requested approval of a variance for a porch addition to the west side (rear) of the home; and, nd WHEREAS, the subject property is legally described as Lot 3, Block 4, Kirkwood 2 Addition, Hennepin County, Minnesota; and, WHEREAS, the Planning Commission has reviewed said 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 Rosalind and David Ward for a variance for property located at 5144 Black Oaks Court North, subject to the following findings and conditions: 1. The requested variance is approved to allow an approximately 17-foot by 20.5-foot porch addition to be constructed 20 feet from the west (rear yard) property line where 25 feet is required, in accordance with the application received by the city on April 17, 2017 and May 1, 2017, except as may be amended by this resolution. a. The request for the addition is consistent with the residential uses listed for this land use classification in the comprehensive plan. b. Permitting the addition allows the property to be used in a reasonable manner. c. The plight of the landowner is unique and not self-created. Unlike most of the other lots in the area that are more rectangular, the subject property is pie-shaped and the buildable area in the rear yard is restricted for adding the proposed four-season porch. As a result, the required setbacks limit the property owners on the size of a porch addition as compared to other properties within the area that have more standard shaped lots. d. The variance, if granted, would not alter the essential character of the locality. e. The variance request is not based exclusively upon economic considerations. f. The variance, and its resulting construction, would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. g. The proposed 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. Resolution 2017-256 (2017047) Page 2 2. A building permit is required prior to construction of the porch addition. 3. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. 4. 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. APPROVED by the City Council on this 25th day of July, 2017. 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 25, 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