HomeMy WebLinkAboutCity Council Resolution 2022-074
C ITY OF P LYMOUTH
R ESOLUTION N O. 2022-074
A R ESOLUTION A PPROVING A V ARIANCE FOR M ATTHEW D UNN FOR
P ROPERTY L OCATED AT 4130 J UNEAU L ANE (2022007)
WHEREAS, Matthew Dunn has requested approval of a variance to allow a swimming pool in the
front yard where the side and rear yards are specified; and
WHEREAS, the variance would allow construction of a swimming pool, associated apron and
fence in the front yard of the existing home; and
WHEREAS, the subject property is legally described as: The south 247.30 feet front and rear of
the North 741.90 feet front and rear of the West ½ of the Southeast ¼ of the Northeast ¼ of Section 16,
Township 118, Range 22, Hennepin County, Minnesota; and
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the request by Matthew Dunn for a variance to
allow an in-ground swimming pool in the front yard where the side or rear yard is specified, for 4130
Juneau Lane, subject to the following findings and conditions:
1. The requested variance is hereby approved to allow a 14-foot by 30-foot in-ground swimming pool
in the front yard, in accordance with the application and plans received by the City on January 24,
2022, and additional information on January 26, 2022, January 27, 2022, and February 8, 2022,
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 applicants have 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; and
2. The request is due to circumstances not created by the landowners as there are existing
trees in the rear yard and the placement of the home further back on the lot limits the area
for a swimming pool; and
3. The variance would not alter the essential character of the lot or neighborhood. The
proposed in-ground swimming pool would not be visible from Juneau Lane due to an
existing landscaped area.
Resolution 2022-074
(2022007)
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c. The variance request is not based exclusively upon economic considerations.
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 swimming pool would be screened from view from the neighbors and the street.
e. The requested variance, and its resulting construction or project, would not impair an adequate
supply of light and air to adjacent properties, nor would it substantially increase traffic
congestion in public streets, increase 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.
3. A building permit is required prior to commencement of the project.
4. An electrical permit and a mechanical permit are required prior to commencement of the project.
5. Prior to issuance of the building permit, the applicant shall fulfill the requirements, submit the
required information, and revise the plans as indicated below, consistent with the applicable
City code, zoning ordinance, and engineering guidelines:
a. Obtain a fence permit that meets the fencing requirements for a pool.
b. A Bassett Creek watershed permit will be required if over 200 cubic yards will be disturbed.
c. Revise the plans to meet engineering requirements as follows:
1. Revise drawings to show the following:
i. Approximate location of the wetland.
ii. Proposed patio, sidewalks and any other hard surfaces.
iii. Perimeter control around the project area.
6. The variance shall expire one year after the date of approval, unless the property owner or
applicants have commenced the authorized improvement or use, or unless the applicants, with the
consent of the property owner, 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.
APPROVED by the City Council on this 8th day of March, 2022.
Resolution 2022-074
(2022007)
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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 8, 2022, 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
_______________, ______.
____________________________________
Jodi M. Gallup, City Clerk