HomeMy WebLinkAboutCity Council Resolution 2022-166
C ITY OF P LYMOUTH
R ESOLUTION N O. 2022-166
A R ESOLUTION A PPROVING A V ARIANCE TO THE O RDINARY H IGH W ATER L EVEL
S ETBACK TO ALLOW THE C ONSTRUCTION OF THREE SEASON PORCH BY M OM’S D ESIGN
B UILD FOR P ROPERTY L OCATED AT 2375 E M EDICINE L AKE B OULEVARD (2022037)
WHEREAS, Mom’s Design Build has requested approval of a setback variance to the ordinary
high water level to Medicine Lake to allow the construction of a three season porch; and
WHEREAS, the variance would allow construction of a three season porch with retractable
screens, and permeable patio in the rear yard of the existing home; and
WHEREAS, the subject property is legally described as: Lot 4, Jevnes’s Subdivision of Block 17,
Medicine Lake Park 3rd Division Addition to Hennepin County, 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 Mom’s Design Build for a setback
variance to the ordinary high water level to Medicine Lake to allow a 37-foot setback where a minimum
of 50 feet is specified, for 2375 E Medicine Lake Boulevard, subject to the following findings and
conditions:
1. The requested variance is hereby approved to allow an approximately 17-foot by 28.4-foot porch
with retractable screens in the rear yard, in accordance with the application and plans received by
the City on April 29, 2022, and additional information on May 10, 2022, and May 17, 2022, except
as may be amended by this resolution.
2. The requested ordinary high water level setback 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 the lot was
developed with a large amount of city right-of-way along E Medicine Lake Boulevard and
the lot is an irregular shape; and
3. The variance would not alter the essential character of the lot or neighborhood. The
proposed three-season porch would extend an additional 4.5 feet toward the lake from the
existing pergola.
Resolution 2022-166
(2022037)
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c. The variance request is not based exclusively upon economic considerations; but rather, the
variance is requested to make improvements to the home to make it more livable for the
current occupant.
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 three-season porch would not block views from neighbors because of its design and
location on the lot.
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 and
to allow the homeowners to improve the livability of the home and to provide usable space.
3. A building permit is required prior to commencement of the project.
4. 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. A Bassett Creek watershed permit will be required if over 200 cubic yards will be disturbed.
b. Revise drawings to show perimeter control around the project area.
5. 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 14th day of June, 2022.
Resolution 2022-166
(2022037)
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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
June 14th, 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