HomeMy WebLinkAboutCity Council Resolution 2008-144CITY OF PLYMOUTH
RESOLUTION 2008-144
REVISING AND REPLACING RESOLUTION 2008-077 FOR APPROVAL OF A
VARIANCE TO EXCEED IMPERVIOUS SURFACE COVERAGE WHERE 25
PERCENT IS ALLOWED FOR THE CONSTRUCTION OF A 168 SQUARE FOOT
PORCH ADDITION FOR PROPERTY LOCATED AT 15620 40TH AVENUE NORTH
(2008004)
WHEREAS, an application has been filed by Steve and Dayna Klein, which requests
approval of an impervious surface coverage variance to permit constriction of a porch
addition for property legally described as follows:
Lot 7, Block 2, Plymouth Creek 2" a Addition, Hennepin County, Minnesota.
WHEREAS, the Planning Commission has reviewed the 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
replacement of resolution 2008-077 for an impervious surface coverage variance
requested by Steve and Dayna Klein for property located at 15620 40t1' Avenue North,
subject to the following conditions:
1. This resolution approves a variance to allow 60.2 percent impervious surface
coverage where a maximum of 25 percent is allowed, in accordance with the plans
and application received by the City on January 16, 2008 and April 3, 2008, except as
amended by this resolution.
2. The 12 -foot -by -14 -foot porch addition shall be finished to match the existing home.
3. The impervious surface coverage variance is approved with the finding that the
applicable variance standards are met. Specifically:
Resolution 2008-144
(2008004)
Page 2
a. The subject property is unit lot and contains 3,307 square feet, allowing for
approximately 827 square feet of impervious surface coverage. However,
because the property was platted as a "unit" and "base" lot subdivision, there is
common land owned by the HOA that allows for storm water infiltration,
including a retention pond. Therefore, the impact of the impervious surface
coverage for the subject property is reduced due to the common land and storm
water pond that was developed as part of the Plymouth Creels 2" a Addition.
Additionally, the subject property was developed under a PUD created prior to
the application of the maximum impervious surface restrictions.
b. The applicant's home was constricted in 1983 and was originally part of a
planned unit development (PUD). Because it was part of a PUD, design
guidelines were approved different from those in the shoreland management
overlay district.
c. The request is not based exclusively upon a desire to increase value or income
potential of the property.
d. The hardship is caused by the Zoning Ordinance and has not been self-created.
The existing home was constricted as part of a PUD, not according to the
design guidelines in the shoreland management overlay district.
e. Granting of the variance would not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood.
f. The variance would not impair an adequate supply of light and air to adjacent
property, nor would it substantially increase the congestion of the public
streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the neighborhood.
g. The porch addition is modest in size.
4. A building permit for the addition shall be obtained prior to construction.
5. Any subsequent phases or expansions are subject to required reviews and approvals
per Ordinance provisions.
6. This approval shall expire one year after the date of approval, unless the property
owner or applicant has substantially started constriction of the project, or unless the
landowner or applicant has 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.
Resolution 2008-144
(2008004)
Page 3
Adopted by the City Council on April 22, 2008.
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 April 22, 2008, 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