HomeMy WebLinkAboutCity Council Resolution 2007-235CITY OF PLYMOUTH
RESOLUTION 2007-235
APPROVING A SETBACK VARIANCE FOR CUSTOM POOLS TO ALLOW
INSTALLATION OF AN IN -GROUND SWIMMING POOL FOR PROPERTY LOCATED AT
13010 SUNSET TRAIL (2007022)
WHEREAS, an application has been filed by Custom Pools which requests approval of a variance
for an in -ground swimming pool and related concrete apron that would be set back 43 feet from
Cavanaugh Lake, where 75 feet is specified, for property legally described as follows:
Parcel A:
That part of the SE '/4 of the SE '/4 of Section 34, Township 118, Range 22 described
as follows: Beginning at the Northwest corner of the Southeast Quarter of the
Southeast Quarter (SE '/4 SE '/4) of Section 34, Township 118, Range 22, thence
Easterly along the North line of the Southeast Quarter of the Southeast Quarter (SE '/4
SE '/4) of Section 34, Township 118, Range 22 a distance of 340.66 feet; thence South
parallel with the West line of Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4)
of Section 34, Township 118, Range 22, a distance of 203.28 feet; thence South 700'
West to the Northerly Right -of -Way line of County Road No. 15 a distance of 103.05
feet; thence Northwesterly along the Northerly Right -of -Way line of County Road No.
15 to a point on the West line of the Southeast Quarter of the Southeast Quarter (SE '/4
SE '/4) of Section 34, Township 118, Range 22; Thence North along the West line to
the place of beginning. Except the Westerly 110 feet thereof, Hennepin County,
Minnesota.
Parcel B:
That part of the Southeast Quarter of the Southeast Quarter of Section 34, Township
118, North, Range 22 West, Hennepin County, Minnesota, described as follows:
Commencing at the Northeast corner of said Southeast Quarter of the Southeast
Quarter of Section 34; thence South 89 degrees 22 minutes 34 seconds West, assumed
bearing, along the North line of said Southeast Quarter of the Southeast Quarter of
Section 34 a distance of 976.44 feet; thence South 00 degrees 06 minutes 52 seconds
East a distance of 130.00 feet to the point of beginning of the land to be described;
thence South 00 degrees 06 minutes 52 seconds East a distance of 73.28 feet; thence
South 06 degrees 53 minutes 08 seconds West a distance of 103.05 feet to the
Northerly right-of-way line of County Road No. 15; thence South 67 degrees 11
Resolution 2007-235
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minutes 06 seconds East a distance of 19.00 feet along said Northerly right-of-way line;
thence North 19 degrees 19 minutes 52 seconds East a distance of 148.79 feet; thence
North 52 degrees 02 minutes 50 seconds West a distance of 69.19 feet to the point of
beginning.
WHEREAS, the Planning Commission has reviewed the 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 of Custom
Pools for a variance to allow installation of a swimming pool and related concrete apron that
would be set back 43 feet from Cavanaugh Lake, where 75 feet is specified for property located
at 13010 Sunset Trail, based upon the following findings:
1. This variance request is hereby approved in accordance with the plans received by the City
on April 6, 2007, 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. The lot was established with a narrow lot depth prior to the City's adoption of shoreland
regulations. The lot depth and configuration creates the hardship.
b. The conditions related to this lot are not generally applicable to RSF-1 zoned properties.
c. The requested variance is not based upon a desire to increase land value or income
potential of the property.
d. The hardship was not created by the applicant or homeowners because the lot was
established and the home was constricted in 1970—prior to the City's 1982 adoption of
the shoreland regulations. The property owners purchased the site in 1993.
e. The granting of the variance would not be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood. The south and east side of the
swimming pool would be enclosed with a solid wooden fence to screen to pool area
from Sunset Trail and from the home to the east.
f. The swimming pool would not impair an adequate supply of light or air to adjacent
property, or 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 requested variance is the minimum action necessary to eliminate the hardship.
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4. Prior to constriction, the appropriate building permits shall be obtained for the swimming
pool.
5. 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 May 22, 2007.
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 May 22, 2007 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