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HomeMy WebLinkAboutCity Council Resolution 2020-203 C ITY OF P LYMOUTH R ESOLUTION N O. 2020-203 R ESOLUTION A PPROVING V ARIANCE FOR C HRISTOPHER AND T RACEY B RINGE FOR P ROPERTY LOCATED AT 14730 51 ST A VENUE (2020 044) WHEREAS, Christopher and Tracey Bringe are requesting approval of a variance to increase the impervious surface coverage on their lot by 1,425 square feet, from roughly 29.1 percent to roughly 41.8 percent, where a maximum of 25 percent is specified; and WHEREAS, the variance would allow construction of a residential in-ground swimming pool and related apron/patio surround in the rear yard area; and WHEREAS, the subject property is legally described as Lot 7, Block 2, Hampton Hills South Plateau, Hennepin County, Minnesota; and WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting; and WHEREAS, subsequent to the Planning Commission meeting, it was discovered that the existing impervious surface coverage on the lot, including a patio under the deck, is actually roughly 29.1 percent (3,270 square feet) instead of roughly 27.4 percent (3,077 square feet); and WHEREAS, regardless of the miscalculation of the existing impervious surface coverage described above (resulting in a proposed impervious surface coverage of roughly 41.8 percent instead of roughly 40.2 percent), the amount of new impervious surface coverage proposed for the lot has not increased beyond what the Planning Commission reviewed, and in fact has been reduced from 1,448 square feet to 1,425 square feet. 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 Christopher and Tracey Bringe for an impervious surface coverage variance at 14730 51st Avenue, subject to the following findings and conditions: 1. The requested variance is approved, in accordance with the plan received by the city on July 14, 2020, 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 requested variance and resulting construction would be in harmony with the general purposes and intent of the ordinance, and would be consistent with the city’s comprehensive plan. Resolution 2020-203 (2020044) Page 2 b. The applicants have demonstrated that there are practical difficulties in complying with the ordinance regulations, because: 1. the request is reasonable and the applicants propose to use the property in a reasonable manner; 2. the circumstances related to the shoreland district were not created by the landowners; and 3. the variance would not alter the essential character of the lot or neighborhood. c. The requested variance is not based upon economic considerations, but rather, is based upon a desire to improve the livability and outdoor recreation opportunities of the property. 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. Runoff from the lot does not flow to the water body (Pomerleau Lake) that the ordinance is designed to protect. Additionally, a BMP would be provided on the site to offset the increase in impervious surface coverage. 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. f. The variance requested is the minimum action required to address the practical difficulties. The proposal would meet or exceed all other zoning regulations. 3. A building permit is required prior to commencement of the project. 4. Prior to issuance of the building permit, the applicant shall provide plans showing the required BMP (best management practice) to reduce impact on water quality, as approved by city staff. The BMP shall be installed at the same time as the swimming pool. 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 on this 28th day of July, 2020. Resolution 2020-203 (2020044) Page 3 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 28, 2020, 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