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HomeMy WebLinkAboutCity Council Resolution 2017-306 C ITY OF P LYMOUTH R ESOLUTION 2017-306 R ESOLUTION D ENYING A R EQUEST FOR V ARIANCES TO D RIVEWAY W IDTH AND S ETBACK FOR P ROPERTY L OCATED AT 15725 47 TH A VENUE N ORTH (2017 077) WHEREAS, Matt Boatman has requested approval of variances to allow an existing driveway to remain that is wider than the 24 feet allowed in the zoning ordinance and constructed to the edge of the west property line where the ordinance requires a six-foot setback; and, WHEREAS, the subject property is legally described as Lot 2, Block 4, Wooddale North Plat 2, Hennepin County, Minnesota; 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 should and does deny the request for variances to driveway width and setback, 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-2 on the Plymouth Zoning Map. 3. The applicant has not shown that there are practical difficulties in complying with the zoning regulations. Expanding the driveway to the edge of a property line and eliminating a drainage and utility easement does not constitute a reasonable use of the property. th Changing the grades on the neighboring property at 15735 47 Avenue North, thereby creating a building code violation on that property, is likewise not reasonable. 4. The driveway expansion and alteration of the drainage swale between the subject lot and the neighboring property may be injurious to the neighboring property as storm water runoff will no longer be directed to a swale. 5. The variances may result in damage to the foundation of the home on the neighboring property. 6. The applicant has 15 days from the adoption date of this resolution to: a) remove the portions of the driveway that encroach into the required six-foot minimum side yard setback and that exceed the ordinance maximum of 24 feet in width within the street right- of-way; b) return the grade at the base of the neighboring home to its original grade; and c) re-establish a drainage swale acceptable to the City Engineer. ADOPTED by the City Council on this 26th day of September, 2017. Resolution No. 2017-306 Page 2 of 2 STATE OF MINNESOTA ) (SS. COUNTY OF HENNEPIN ) 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 September 26, 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 2