HomeMy WebLinkAboutCity Council Resolution 2008-339CITY OF PLYMOUTH
RESOLUTION 2008-339
APPROVING A VARIANCE FOR IMPERVIOUS SURFACE COVERAGE FOR ELEMENTS
OF CONSTRUCTION FOR PROPERTY LOCATED AT 11535 48TH AVENUE NORTH
(2008100)
WHEREAS, an application has been filed by Elements of Constriction for an impervious surface
coverage variance to allow constriction of a screen porch for property legally described as
follows:
Lot 4, Block 2, Deerwood Trails, 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 request by
Elements of Constriction for an impervious surface coverage variance to allow constriction of a
screen porch at 11535 48"' Avenue North, subject to the following conditions:
1. This resolution approves a shoreland variance to allow 35 percent impervious surface
coverage to allow the constriction of 14 -foot by 18 -foot screen porch, in accordance with the
application received by the City on September 24, 2008, except as amended by this resolution.
2. This variance for impervious surface coverage is approved with the finding that the applicable
variance standards are met. Specifically:
a) All lots within 1,000 feet of a lake are located in a Shoreland Overlay District. This lot is
roughly 885 feet from Schmidt Lake. The 1,000 foot boundary lies partially on the
neighboring lot to the east. Therefore, the applicant's adjacent neighbor does not have the
same impervious surface requirement. Regardless of the fact that the lot is not adjacent to
the lake, this property must meet the same requirements as lots that are directly adjacent
to the lake.
The conditions relating to the hardship are not applicable to many other properties in the
RSF-2 zoning district. A majority of RSF-2 lots are not located in shoreland districts. All
Resolution 2008-339
(2008100)
Page 2 of 3
lots that are non -riparian face the issue of needing to meet the same requirements as
riparian lots. The applicant would direct roof drainage to a rain garden on the property to
provide treatment and infiltration of stormwater. In addition, any storm water that leaves
this property is directed through storm sewer to a wetland, which provides stormwater
treatment before entering Schmidt Lake.
b) The request is not based exclusively upon a desire to increase value or income potential.
The property currently exceeds the 25 -percent impervious requirement because the home
was constricted at a time (1990) when the City did not review impervious surface with
building permit applications. The variance is requested to make improvements to the
home to make it more livable for the property owner.
c) The hardship is caused by the Zoning Ordinance, which states that all property within
1,000 feet of a lake is located within a Shoreland Management Overlay District. Such
properties are limited to 25 percent impervious surface coverage. Limiting impervious
surface area in the Shoreland Management Overlay District is one of the primary means to
effectively limit the water runoff and pollution that enters the lake. However, the
applicant would use a best management practice to direct water from their property to a
rain garden to allow infiltration and treatment of stormwater.
d) Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. The porch addition would not impair an
adequate supply of light or air to adjacent property, nor would they substantially increase
congestion in public streets, increase the danger of fire, endanger the public safety, or
substantially diminish property values within the neighborhood. The porch addition would
be in conformance with all Zoning Ordinance regulations for setbacks and building height.
e) The requested variance is the minimum action necessary to allow constriction of the
proposed screen porch.
3. Building permits are required prior to construction of the porch addition.
4. Prior to issuance of a building permit for construction of the porch addition, the
applicant shall revise the rain garden plan to increase the size of the rain garden and add a
cross-section detail of the rain garden with a six-inch or greater depression. The rain garden
and cross-section plan shall be reviewed and approved by City staff.
5. The addition shall comply with all standards specified for the RSF-2 (Residential Single
Family Detached 2) zoning district. No variances other than impervious surface are granted
or implied.
6. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
Resolution 2008-339
(2008100)
Page 3 of 3
7. This variance 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 2 103 0. 06 of the Zoning Ordinance.
ADOPTED by the City Council on November 10, 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 November 10, 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