HomeMy WebLinkAboutCity Council Resolution 2008-241CITY OF PLYMOUTH
RESOLUTION 2008-241
APPROVING A SETBACK VARIANCE FOR CUSTOM POOLS, INC. FOR
INSTALLATION OF AN IN -GROUND SWIMMING POOL FOR PROPERTY LOCATED AT
14325 -50TH PLACE NORTH (2008066)
WHEREAS, an application has been filed by Custom Pools, Inc. which requests approval of a
variance for an in -ground swimming pool and related apron that would be set back 42 feet from
the south lot line abutting Schmidt Lake Road, where 50 feet is specified, for property legally
described as Lot 7, Block 2, Fernbrook Woods -1 Addition; and
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 request by Custom
Pools, Inc. for a variance to allow installation of a swimming pool and related apron for property
located at 14325-50"' Place North, subject to the following conditions:
1. The variance approves installation of a swimming pool and related apron that would be set
back 42 feet from the south lot line abutting Schmidt Lake Road where 50 is specified, in
accordance with the plans received by the City on July 23, 2008, except as may be amended
by this resolution.
2. This resolution is approved with the finding that the applicable variance standards have been
met. Specifically:
a. There is a hardship associated with the physical layout of this property, because it has
street frontage on three sides. After deducting the specified 50 -foot setback from the
south lot line, only 21 feet remain as buildable area without a variance. As a result of
the particular conditions of this lot, a variance would be required in order to position a
swimming pool in a manner that provides an adequate setback from the home and a
usable yard area.
b. This lot has three front yards, which creates a condition that is not generally applicable
to other properties in the RSF-2 zoning district.
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C. The variance is not based on a desire to increase the income potential of the property,
but rather to install a swimming pool for the convenience of the property owners.
d. The hardship was not created by the applicant, but rather results from the condition of
the lot.
e. Granting of the variance would not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood. The proposed swimming pool
would not be visible from Schmidt Lake Road due to an existing landscaped berm and
proposed privacy fencing that would screen the pool from the public street.
f. The proposed swimming pool would not impair an adequate supply of light and air to
adjacent properties, nor would it substantially increase congestion of public streets,
increase the danger of fire, endanger the public safety, or substantially diminish or
impair property values within the neighborhood.
g. The requested variance is the minimum action required to eliminate the hardship.
4. The required fence enclosure shall be set back at least 25 feet from the west lot line abutting
Harbor Lane.
5. Prior to constriction, the appropriate building permits shall be obtained for the swimming
pool and related improvements.
6. In conjunction with installation of the swimming pool and related yard improvements, the
applicant and the homeowner shall work with the abutting homeowner to the east to correct
an existing drainage problem along the common lot boundary.
7. This approval shall expire one year after the date of approval, unless the applicant has
substantially started constriction of the project, or unless the applicant has received prior
approval from the City to extend the expiration date for up to one additional year, as
regulated under Section 2 103 0. 06 of the Zoning Ordinance.
ADOPTED by the City Council on August 12, 2008.
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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 August 12, 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