HomeMy WebLinkAboutCity Council Resolution 2021-141
CITY OF PLYMOUTH
RESOLUTION NO. 2021-141
RESOLUTION APPROVING VARIANCE TO THE BLUFF SETBACK TO ALLOW PORCH AND
DECK ADDITIONS FOR PROPERTY LOCATED AT 850 BROCKTON LANE NORTH
(2020089)
WHEREAS, Page Springsteen Vanatta has requested approval of a bluff setback variance for
porch and deck additions; and
WHEREAS, the subject property is legally described as: Lot 10, Block 1, Ferndale North 3rd
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 Page Springsteen Vanatta for a bluff
setback variance for porch and deck additions for property located at 850 Brockton Lane North, subject
to the following findings and conditions:
1. The requested variance is hereby approved to allow a 16-foot by 18-foot porch addition
and 546 square feet of deck additions for a bluff setback variance of an average of 11.9 feet
(range from 5.5 feet to 15 feet) where 30 feet is required, in accordance with the
application received by the city on November 12 and 20, 2020, and additional information
on February 12, 2021, except as may be amended by this resolution.
2. The requested bluff variance is approved, based on the finding that all applicable variance
standards would be met, as follows:
a) The variance permitting the porch and deck additions is consistent with the residential
uses listed for this land use classification in the comprehensive plan.
b) The applicant has established that there are practical difficulties in complying with the
ordinance regulations, because:
1) The request is consistent with the residential uses listed for this land classification
in the comprehensive plan and the property would be used in a reasonable
manner;
2) The request is due to circumstances not created by the landowners as she
purchased the home in 1996, not the original owner they are not the original
owner, and the width of the lot and proximity to the bluff limits the area for
reasonable expansion; and
Resolution 2021-141
(2020089)
Page 2
3) The variance would not alter the essential character of the lot or neighborhood
given the number of homes within the development with existing non-conforming
setbacks similar as to being proposed and that the proposed additions would not
alter the slope toward the lake as they would be located on areas that have
previously been graded to create a flatter usable area.
c) The purpose for the variation is not based exclusively on economic considerations; but
rather, is based upon a desire to make improvements to the home and provide updated
usable living space and accessible outdoor living 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 additions would maintain a setback further from the side
property line than currently exists, and not affect the drainage and utility easement.
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 additions would match the architecture of the
existing home and increase the property value of this lot.
f) The variance request is the minimum action required to address the practical
difficulties. The proposed porch and deck additions would meet or exceed all other
zoning regulations.
3. A building permit is required prior to construction of the garage and home addition.
4. Prior to the issuance of a building permit, the applicant shall:
a) Receive approval of an administrative permit to extend, but not increase, the existing
non-conforming setback along the northwest side property line pursuant to section
21100 of the zoning ordinance.
b) Revise the survey to: 1) include the overall size of the lot and the size of the lot above
the OHWL for Hadley Lake; 2) correct the building setbacks listed for the RSF-1 zoning
district (25-foot front, 15-foot sides and 75 feet from the OHWL rear); 3) identify and
label all drainage and utility easements; 4) identify existing structures to be removed; 5)
remove any proposed retaining wall from the drainage and utility easements.
5. A separate grading permit is required through the engineering division for the addition or
removal of 10 cubic yards of material within the area of the bluff impact zone or shoreland
impact zone.
6. The drainage pattern of adjacent properties shall not be affected as a result of the
construction project.
Resolution 2021-141
(2020089)
Page 3
7. Any retaining walls over four feet in height shall require a separate building permit and will
need to be designed by a Minnesota licensed structural engineer. In addition, a minimum
3.5-foot fence shall be required on top of any retaining wall that exceeds four feet in
height.
8. Any subsequent phases or expansions are subject to required reviews and approvals per
ordinance provisions.
9. 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.
ADOPTED by the City Council on this 11th day of May, 2021.
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
May 11, 2021 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