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HomeMy WebLinkAboutCity Council Resolution 2022-163 C ITY OF P LYMOUTH R ESOLUTION N O. 2022-163 A R ESOLUTION A PPROVING A V ARIANCE FOR D AVID AND A MY S CHMIDT FOR P ROPERTY L OCATED AT 15800 43 RD P LACE (2022 035) WHEREAS, David and Amy Schmidt have requested approval of a variance for a basketball court that would be located 9 feet from the front lot line, where 25 feet is otherwise specified; and WHEREAS, the subject property is legally described as Lot 3, Block 1, Vicksburg Ridge, 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 David and Amy Schmidt for a variance to allow a basketball court that would be located 9 feet from the front lot line, where 25 feet is otherwise specified, for property located at 15800 43rd Place, subject to the following: 1. The requested variance for a basketball court is hereby approved, in accordance with the application and plans received by the City on April 25, 2022, except as may be amended by this resolution. 2. The requested variance is approved, based on the finding that the applicable variance standards would be met, specifically: a) The requested variance would be in harmony with the general purposes and intent of the ordinance and would be consistent with the City’s comprehensive plan. b) The applicants have demonstrated that there are practical difficulties in complying with the ordinance regulations, because: 1. The applicants propose to use the property in a reasonable manner. 2. The request is due to circumstances that were not created by the applicants. The basketball hoop was installed by the developer prior to the applicants purchasing the property. 3. The variance would not alter the essential character of the lot or neighborhood. c) The variance request is not based upon economic considerations. The applicants are requesting the variance in order to maintain a portion of the existing temporary turn-around, which also serves as a basketball court on the property. Resolution 2022-163 (2022035) Page 2 d) The variance would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood. The applicants would install a landscape barrier between the basketball court and the public right-of-way. e) The variance 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. 3. For as long as the basketball court remains: 1) the basketball hoop shall be maintained on the north side of the basketball court so that people shooting baskets are facing away from the street; and 2) the property owner(s) shall install/maintain a landscape barrier as shown on the plans (boulder wall, hedge row, and trees), in the area between the basketball court and the public right- of-way. 4. In conjunction with approval of the requested setback variance and for allowing the basketball court to encroach into a drainage and utility easement, the property owner(s), for themselves, their heirs and assigns, hereby indemnify and hold the City harmless from any and all claims or damages that may occur either on or off the property that are caused by the basketball court and any related features. 5. The City shall have no responsibility to maintain, repair, or replace the basketball court or any related features. The basketball court shall not impact or increase water drainage on abutting properties or cause any adverse drainage patterns or erosion to any abutting properties. The property owner(s) shall own the remaining asphalt and basketball court and shall be fully responsible and liable for any and all claims or damages caused to or by the basketball court and any related features. 6. Although a safety fence segment along the lot line abutting the basketball court is not included as part of the original design for the basketball court, the City reserves the right to require the property owner(s) to install such a fence in the future, at the expense of the property owner(s), if the basketball court presents a danger to the traveling public. 7. 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 this 14th day of June, 2022. Resolution 2022-163 (2022035) 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 June 14, 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