HomeMy WebLinkAboutCity Council Resolution 2023-261
C ITY OF P LYMOUTH
R ESOLUTION N O. 2023-261
R ESOLUTION D ENYING A V ARIANCE TO THE I MPERVIOUS S URFACE C OVERAGE
R EQUIREMENTS AT 9600 17 TH A VENUE N ORTH (2023056)
WHEREAS, Tom Li has requested approval of an impervious surface variance for an existing shed
at 9600 17th Avenue North; and
WHEREAS, the subject property is legally described as: Lot 12, Block 2, Inglebrae 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 deny the request by Tom Li for an impervious surface
coverage variance for a shed at 9600 17th Avenue North, subject to the following findings and
conditions:
1. The requested variance to allow increased impervious surface coverage to allow an approximately
8.5 x 8.5 foot shed, increasing the impervious surface on the property from 35.3% to 39.4%, where
25% is allowed, is hereby denied, in accordance with the application received by the city on August
16, 2023 and with additional information on August 29, 2023, except as amended by this
resolution.
2. The requested variance is denied, based on the finding that all applicable variance standards would
not be met, as follows:
a) The applicant has not established that there are practical difficulties in complying with the
ordinance regulations, because:
1) The request is due to circumstances created by the landowners as they purchased
the property in 2013, tore down the garage in 2015, and had an approved survey at
35.3% impervious in 2018.
2) The variance would alter the essential character of the lot or neighborhood given the
number of homes around Medicine Lake within the shoreland overlay district that are
subject to the 25% impervious surface coverage limit. This property is already over the
allowed, and recommended 25% impervious surface coverage limit, at 35.3%.
Additionally, the current home is still under construction and the property owner does
not need a variance to provide for additional space to grow onsite.
Resolution 2023-261
(2023056)
Page 2
3) There is nothing unique about this property in terms of layout, size, or physical
characteristics that necessitate this variance. The building permit was recently
approved for a new construction home on this property and the home has not yet
received a certificate of occupancy.
b) The requested variance and resulting construction would be injurious to other land or
improvements in the neighborhood. The shed was built prior to a variance, and all adjacent
properties are also within the shoreland overlay district, subject to 25% lot coverage. An
increase in impervious surface can impact water quality, runoff to the lake and adjacent
properties, and the aesthetics of the property. The property is already over the maximum
allowed impervious surface based on previous lawful, non-conforming status.
c) The city maintains a commitment to environmental protection and attempts to complies with
the regulations set forth by the State of Minnesota regarding impervious surface coverage
whenever possible.
d) The variance request is not the minimum action required to address the items that the
applicant has noted as practical difficulties. The city finds that there are no practical difficulties
onsite, and that additional yard storage on the property can be put within the home that is still
under construction on the subject property.
3. The shed must be removed from the property. Any increase in impervious surface will require a
variance prior to construction or installation on this property. The property shall be reverted to
what was approved by the building permit in 2018.
APPROVED by the City Council on this 10th day of October, 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
October 10, 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