HomeMy WebLinkAboutCity Council Resolution 2018-294
C ITY OF P LYMOUTH
R ESOLUTION N O. 2018-294
R ESOLUTION A PPROVING A V ARIANCE TO THE S IDE Y ARD S ETBACK TO A LLOW A T WO-
STORY A DDITION WITH G ARAGE FOR P ROPERTY L OCATED AT 17120 12 TH A VENUE
N ORTH (2018048)
WHEREAS, Rick and Annie Etzel have requested approval of a side yard setback variance for a
two-story addition with garage; and
WHEREAS, the subject property is legally described as: Lot 14, Block 1, City View Acres,
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 Rick and Annie Etzel for a side yard setback
variance for a two-story addition with garage for property located at 17120 12th Avenue North, subject
to the following findings and conditions:
1. The requested variance is approved to allow a south side yard setback variance of six feet where 15
feet is required, in accordance with the application received by the city on July 2, 2018, July 3,
2018, and additional information on July 27, 2018, except as may be amended by this resolution.
2. The requested side yard setback variance is approved, based on the finding that all applicable
variance standards would be met, as follows:
a) The variance permitting the addition is consistent with the residential uses listed for this land
use classification in the comprehensive plan.
b) The applicants have established 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 size of the
lot limits the area for reasonable expansion; and
3) The variance, if granted, would not alter the essential character of the lot or
neighborhood.
Resolution 2018-294
(2018048)
Page 2
c) The purpose for the variation is not based exclusively on economic considerations; but rather,
the variance is requested to make improvements to the home and provide additional living and
storage space.
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 addition would have a similar setback as the neighboring properties.
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
fire, endanger the public safety, or substantially diminish property values within the
neighborhood. The proposed garage project would increase the property value of this lot.
f) The variance request is the minimum action required to address the practical difficulties. The
proposed garage would meet or exceed all other zoning regulations.
3. A demolition permit is required prior to demolition of the existing garage and driveway areas.
4. Provide sod or seed in areas disturbed during demolition.
5. Remove old curb cut and install new barrier curb.
6. Install new curb cut for new driveway.
7. Receive an approved storm water and erosion control plan from engineering.
8. Prior to the issuance of the building permit, the existing garage must be removed.
9. A building permit is required prior to construction of the garage and home addition.
10. At framing inspection, the building inspector shall field verify that the southeast corner of the
garage is at least six feet from the east side property line, based on located property irons.
11. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance
provisions.
12. The variance shall expire one year after the date of approval, unless the property owners or
applicants has 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.
Resolution 2018-294
(2018048)
Page 3
ADOPTED by the City Council on this 28th day of August, 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
August 28, 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