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HomeMy WebLinkAboutCity Council Resolution 2007-334CITY OF PLYMOUTH RESOLUTION 2007-334 APPROVING A VARIANCE TO ALLOW 53.6 IMPERVIOUS SURFACE COVERAGE WHERE THE 25 PERCENT IS ALLOWED FOR THE CONSTRUCTION OF AN APPROXIMATELY 192 SQUARE FOOT ROOM ADDITION FOR PROPERTY LOCATED AT 15605 40TH AVENUE NORTH (2007061) WHEREAS, an application has been filed by Valet Building Services, which requests approval of a impervious surface coverage variance to permit constriction of a home addition for property legally described as follows: Lot 16, 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 request by Valet Building Services for an impervious surface coverage variance to allow constriction of a home addition for property located at 15605 40t1' Avenue North, subject to the following conditions: 1. This resolution approves a variance to allow 53.6 percent impervious surface coverage where a maximum of 25 percent is allowed, in accordance with the plans and application received by the City on June 20, 2007, except as amended by this resolution. 2. The 12 -foot by 16 -foot 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 2007-334 (2007061) Page 2 a. The home was constricted in 1983 under a PUD that was approved prior to the application of the maximum impervious surface coverage restriction. Had the applicants constricted the addition prior to 1996 when the PUD was rescinded, they would not have been restricted by impervious surface coverage b. Because the home was part of a PUD, the City approved setbacks and other design guidelines different from those in the current 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 maximum impervious surface coverage regulation established in the Zoning Ordinance. e. Granting of the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood as the subdivision is fully developed and has three treatment ponds. The request allows continued re -investment into an existing 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 requested variance is not the minimum action to eliminate the hardship as the applicant could replace the concrete patio with a deck. If this change is made, the request would be reduced by 7.3 percent to a total of 53.6 percent. 4. A building permit for the addition shall be obtained prior to construction. 5. Prior to issuance of a building permit, the applicant shall revise the plans to indicate that a deck with no plastic weed barrier or other impervious surface shall be constricted instead of a concrete patio. 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. Adopted by the City Council on August 14, 2007. Resolution 2007-334 (2007061) Page 3 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 14, 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