HomeMy WebLinkAboutCity Council Resolution 2018-108
C ITY OF P LYMOUTH
R ESOLUTION N O. 2018-108
R ESOLUTION A PPROVING A V ARIANCE FOR G REG AND A MANDA S MITH
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FOR P ROPERTY LOCATED AT 18520 39 A VENUE N ORTH (2018001)
WHEREAS, Greg and Amanda Smith have requested approval of a variance to reduce the rear
yard setback to 14 feet where 25 feet minimum is specified; and
WHEREAS, the variance would allow construction of a new three season porch onto the east
side of the existing home; and
rd
WHEREAS, the subject property is legally described as Lot 5, Block 1, Bridlewood Farm 3
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 Greg and Amanda Smith for a rear yard
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setback variance to allow a 14-foot rear yard setback where 25 feet minimum is specified, for 18520 39
Avenue North, subject to the following findings and conditions:
1. The requested variance is hereby approved, in accordance with the application and plans received
by the City on January 5, 2018, except as may be amended by this resolution.
2. The requested variance is approved, based on the finding that all applicable variance standards
have been met. Specifically,
a. The variance, and its resulting construction or project, would be in harmony with the general
purposes and intent of this Chapter, and would be consistent with the comprehensive plan.
b. The applicant has demonstrated that there are practical difficulties in complying with the
ordinance regulations, because:
1. the request is reasonable and the property would be used in a reasonable manner;
2. the request is due to circumstances not created by the landowners as the home was
constructed further back than the minimum front setback thus limiting the ability to
expand off the rear of the home; and
3. the variance would not alter the essential character of the lot or neighborhood.
c. The variance request is not based upon economic considerations, but rather, is based upon a
desire to improve the livability of the home.
d. The requested variance and resulting construction would not be detrimental to the public
welfare, nor would it be injurious to other land or improvements in the neighborhood. The
proposed porch addition would not be closer to the east lot line than an existing deck.
e. The requested variance and resulting construction would not impair an adequate supply of
light and air to adjacent properties, nor would it increase traffic congestion or the danger of
Resolution No. 2018-108
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fire, endanger the public safety, or substantially diminish property values within the
neighborhood.
f. The variance requested is the minimum action required to address the practical difficulties.
The design and placement of the home allows no room for living space expansion off the rear
of the home and the proposed home addition project would meet or exceed all other zoning
regulations.
3. A building permit is required prior to commencement of the project.
4. In conjunction with issuance of the required building permit, the addition shall be built to match
the architecture of the existing home with similar colors, roof pitch, etc.
5. 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 this 13th day of March, 2018
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
March 13, 2018, 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