HomeMy WebLinkAboutCity Council Resolution 2023-169
C ITY OF P LYMOUTH
R ESOLUTION N O. 2023-169
R ESOLUTION A PPROVING A V ARIANCE FOR D AVID P ERDUE
FOR THE PROPERTY LOCATED AT 15610 55 TH A VENUE (2023 028)
WHEREAS, David Perdue has requested the approval of a tributary stream setback variance to
allow an addition at 15610 55th Avenue; and
WHEREAS, property legally described as follows: Lot 2, Block 2, Taylor Creek, Hennepin county,
Minnesota; and
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting
and recommends approval.
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 David Perdue for a tributary stream
setback variance to allow an addition at 15610 55th Avenue, subject to the following findings and
conditions:
1. The requested variance is hereby approved in accordance with the application received by
the city on May 31, 2023, with additional information on June 6, 2023, except as may be
amended by this resolution.
2. The requested tributary stream variance is approved with the findings that all applicable
variance standards would be 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; and
3. The variance would not alter the essential character of the lot or neighborhood.
The proposed addition would extend an additional 6 feet toward the creek from
the existing deck.
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.
Resolution 2023-169
File 2023028
Page 2
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 addition would not be visible from the front and
would be minimally visible to the rear neighbors because of the large lots and tree
coverage.
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 grading permit is required prior to the commencement of the project.
4. A building permit is required prior to the commencement of the project.
5. The permit is subject to all applicable building and fire codes, and to all city regulations and
ordinances. Any violation thereof shall be grounds for revocation.
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 27th day of June, 2023.
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 27, 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