HomeMy WebLinkAboutCity Council Resolution 2023-046
C ITY OF P LYMOUTH
R ESOLUTION N O. 2023-046
R ESOLUTION A PPROVING A V ARIANCE FOR S CANLON I NC. FOR
P ROPERTY L OCATED AT 19040 C OUNTY R OAD 6 (2022086)
WHEREAS, Scanlon Inc. has requested approval of a variance to allow a swimming pool and
related mechanical equipment in the front yard where the side and rear yards are specified; and
WHEREAS, the variance would allow construction of a swimming pool, mechanicals, associated
apron and fence in the front yard of the existing home; and
WHEREAS, the subject property is legally described as: That part of Government Lot 6, Section
30, Township 118, Range 22, Hennepin County, State of Minnesota, described as follows: Commencing
at the Southwest corner of said Section 30; thence North, along the West line of Government Lot 6, a
distance of 5.43 chains, to the center lien of County Highway Number 6; thence continuing North along
said West line 715.8 feet; thence East, at a right angle, a distance of 208.5 feet, to the point hereinafter
referred to as point A; thence deflecting to the right, at an angel of 43 degrees 17 minutes to its
intersection with a line parallel with and 283.50 feet easterly of the west line of said Government Lot 6,
to the point of beginning; thence northwesterly to the aforementioned point A; thence deflecting to the
right, at an angle of 91 degrees 43 minutes to an intersection with a line parallel with and 307.70 feet
easterly of the west line of said Government Lot 6; thence northerly, along said parallel line to the shore
of Mooney Lake; thence easterly along said shoreline to the east line of the west 602.00 feet of said
Government Lot 6; thence southerly, along said east line, to a point 753.9 feet northerly from the center
line of County Highway No 6; thence, at an angle of 87 degrees 59 minutes 318.50 feet to the point of
beginning; 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 hereby does approve the request by Scanlon Inc. for a variance to allow
an in-ground swimming pool and related mechanical equipment in the front yard where the side or rear
yard is specified, for 19040 County Road 6, subject to the following findings and conditions:
1. The requested variance is hereby approved to allow an 18-foot by 20-foot in-ground swimming
pool and related mechanical equipment in the front yard, in accordance with the application and
plans received by the City on December 6, 2022, and additional information on December 16, 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.
Resolution 2023-046
(2022086)
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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 rear yard
contains steep grades leading towards Mooney Lake. The homes septic tank is also located
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 County Road 6 as the home
is accessed via an easement for a private roadway.
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 Minnehaha Creek watershed permit will be required if over 200 cubic yards will be
disturbed.
c. Receive approval from engineering on final plans.
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 14th day of February, 2023.
Resolution 2023-046
(2022086)
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
February 14, 2023, 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