HomeMy WebLinkAboutCity Council Resolution 2019-176
C ITY OF P LYMOUTH
R ESOLUTION N O. 2019-176
R ESOLUTION A PPROVING A V ARIANCE TO THE S IDE Y ARD S ETBACK TO A LLOW A P AVER
ST
P ATIO AND R ETAINING W ALL FOR P ROPERTY L OCATED AT 14720 41 A VENUE
(2019038)
WHEREAS, Brendan Cooney has requested approval of a side yard setback variance for a paver
patio and retaining wall; and
WHEREAS, the subject property is legally described as:
Lot 9, Block 15, Kingsview Heights Second 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 Brendan Cooney for a side yard setback
st
variance for a paver patio and retaining wall for property located at 14720 41 Avenue, subject to the
following findings and conditions:
a) Approval of the variance is contingent on City Council approval of an encroachment agreement
to place the patio and wall in a drainage and utility easement.
b) The requested variance for the paver patio and retaining wall is consistent with the residential
uses listed for this land use classification in the comprehensive plan.
c) 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 property owners as the subject
property was created in 1985 and its legally non-conforming width and size limits the area
for a patio; and
3. the variance would not alter the essential character of the lot or neighborhood. The
proposed paver patio would connect to a patio door and replace a rotting deck that was
removed.
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 patio
would enhance the curb appeal for the home.
Resolution 2019-176
(2019038)
Page 2
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 patio would not cause any impact to light, air, traffic, fire or public safety. The patio
would increase the property value.
f) The variance requested is the minimum action required to address the practical difficulties. The
proposed patio would meet or exceed all other zoning regulations. The applicant states that the
retaining wall would be built so that the water drains away effectively, and would be an asset to
his family and the neighbor. The neighbor’s home is elevated much higher than his, and the
neighbor’s water drains down onto his property. The applicant further states that the new
retaining wall would improve drainage patterns for both properties.
1. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance
provisions.
2. 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.
ADOPTED by the City Council on this 11th day of June, 2019.
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
June 11, 2019 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