HomeMy WebLinkAboutCity Council Resolution 2023-226
CITY OF PLYMOUTH
RESOLUTION NO. 2023-226
RESOLUTION APPROVING A VARIANCE TO THE BLUFF SETBACK TO ALLOW A DECK
ADDITION FOR PROPERTY LOCATED AT 2105 XANTHUS NORTH (2023048)
WHEREAS, Chris Monroe and Dale Kivimaki has requested approval of a bluff setback variance
for a deck addition; and
WHEREAS, the subject property is legally described as: Lot 10, Block 1, Imperial Hills 2nd
Addition, Hennepin County, Minnesota; 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 Chris Monroe and Dale Kivimaki for
a bluff setback variance for a deck addition for property located at 2105 Xanthus Lane North, subject to
the following findings and conditions:
1. The requested variance is hereby approved to allow an 11.5-foot by 22.7-foot elevated deck
addition on pier footings, for a bluff setback variance of 10 feet from the top of the bluff to the
south and one foot from the bluff to the west where 30 feet is required, in accordance with the
application received by the city on July 26, 2023, and additional information on August 1, 2023,
except as may be amended by this resolution.
2. The requested bluff variance is approved, based on the finding that all applicable variance
standards would be met, as follows:
a) The variance permitting the deck addition is consistent with the residential uses listed for this
land use classification in the comprehensive plan.
b) The applicant has established that there are practical difficulties in complying with the
ordinance regulations, because:
1) The request is consistent with the residential uses listed for this land classification in
the comprehensive plan and the property would be used in a reasonable manner;
2) The request is due to circumstances not created by the landowners as they purchased
the home in 2022, they are not the original owner, and the width of the lot and
proximity to the bluff limits the area for reasonable expansion; and
3) The variance would not alter the essential character of the lot or neighborhood given
the number of homes within the development with existing non-conforming setbacks
Resolution 2023-226
(2023048)
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similar as to being proposed and that the proposed addition would not alter the slope
toward the lake as it would be located on areas that have previously been graded to
create a flatter usable area.
c) The purpose for the variation is not based exclusively on economic considerations; but rather,
is based upon a desire to make improvements to the home and provide updated usable living
space and accessible outdoor living space.
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 deck addition would maintain a similar setback from the side property line that
currently exists and meet the required setback from the ordinary high-water level.
e) The requested variance and resulting construction 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. The proposed deck addition would fit the architecture of the existing home and
increase the property value of this lot.
f) The variance request is the minimum action required to address the practical difficulties. The
proposed deck addition would improve the livability of the home and meet or exceed all other
zoning regulations.
3. A building permit is required prior to construction of the deck addition.
4. The drainage pattern of adjacent properties shall not be affected as a result of the construction
project.
5. Any retaining walls over four feet in height shall require a separate building permit and will need to
be designed by a Minnesota licensed structural engineer. In addition, a minimum 3.5-foot fence
shall be required on top of any retaining wall that exceeds four feet in height.
6. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance
provisions.
7. The variance shall expire one year after the date of approval, unless the property owners or
applicants has commenced the authorized improvement or use, or unless the applicants, with the
consent of the property owners, 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 12th day of September, 2023.
Resolution 2023-226
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STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed Deputy 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 September 12, 2023 with the original thereof on file in my office, and the same is a correct
transcription thereof.
WITNESS my hand officially as such Deputy City Clerk and the Corporate seal of the city this _____day of
_____________, _______.
____________________________________
Deputy City Clerk