HomeMy WebLinkAboutCity Council Resolution 2006-113CITY OF PLYMOUTH
RESOLUTION 2006-113
APPROVING A VARIANCE FOR MARKUS AND SABINA GAPANY FOR IMPERVIOUS
SURFACE COVERAGE FOR PROPERTY LOCATED AT 1441 WEST MEDICINE LAKE
DRIVE (2006001)
WHEREAS, an application has been filed by Markus and Sabina Gapany which requests approval
of an impervious surface coverage variance to allow constriction of a new single-family home for
property legally described as follows:
Lots 8 and 9, Block 1, Elmhurst -Gateway according to the plat thereof on file or of record
in the office of the Registrar of Titles in and for Hennepin County, Minnesota. Subject to
certain liquor and building restrictions as contained in deed Doc. No. 44124, Files of
Registrar of Titles; (as to Lot 8).
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 Markus
and Sabina Gapany for an impervious surface coverage variance to allow constriction of a new
single-family home at 1441 West Medicine Lake Drive, subject to the following conditions:
1. This resolution approves a variance to allow impervious surface coverage of 33 percent, in
accordance with the site plan received by the City on February 17, 2006, except as may be
amended by this resolution.
2. The variances are approved with the findings that the applicable variance standards are met, as
follows:
a) The topographical conditions of the subject parcel, together with the need for filling,
retaining walls, and soil corrections create a hardship for the parcel's redevelopment. A
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high-end home is needed in order to justify the extra costs associated with redevelopment
of this parcel. This factor results in a need to exceed the allowable impervious surface
coverage.
b) The topographic circumstances related to this parcel present a challenge for
redevelopment. The existing site conditions are very unique to this parcel and are not
shared by other properties in the RSF-3 district, or by other properties in the surrounding
neighborhood.
c) The requested variance is not based upon a desire to increase land value or income
potential. The proposal would allow the applicants to build a new single-family home on
this residentially zoned parcel.
d) The hardship related to redevelopment of this parcel is associated with the topography and
existing site conditions, and was not created by the applicants. The difficulties relating to
the requested variance are a result of factors beyond the applicants' control.
e) The proposed home and improvements would not be detrimental to the public welfare or
injurious to other land or improvements in the area. The applicants propose to
accommodate the additional runoff by installing two infiltration trenches that would
capture 336 cubic feet of storm water—which is 43 cubic feet more than required to
accommodate the additional 1,013 square feet of impervious surface coverage requested.
The infiltration trenches would be sized to accommodate more than the additional runoff
from a ten-year rain event (3.5 inches of rain within a 12 -hour period). Furthermore, the
applicants would remove 1,124 square feet of existing hard surface in the boulevard area
between Evergreen Lane and the parcel. Consequently, the proposed infiltration trenches
and other proposed site improvements would more than offset the additional impervious
surface coverage.
f) The proposed home and improvements would not impair an adequate supply of light and
air to adjacent properties, increase the danger of fire, endanger the public safety, or
diminish property values within the neighborhood. The proposed home was designed in a
manner to minimize bulls and preserve vistas and solar access for the neighboring
properties. The proposed home would increase the property value of the neighborhood.
g) The variance request is reasonable based upon the unique conditions of the parcel, and
strikes a balance between allowing redevelopment to occur while minimizing the extent of
the variation needed to alleviate the hardship.
3. Prior to any site grading or building permit issuance, the applicant shall obtain approval of an
encroachment agreement from the City for any portions of retaining walls or other site
features lying within a right-of-way.
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4. A fence must be installed at the top of any retaining wall that exceeds four feet in height.
5. Prior to any site grading or building permit issuance, the applicant shall update the grading
plan to show that runoff will not affect neighboring properties.
6. Prior to any site grading or building permit issuance, the applicant shall provide silt fencing on
the site, and tree protection fencing around the trees to be preserved.
7. 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 2 103 0. 06 of the Zoning Ordinance.
ADOPTED by the City Council on March 14, 2006.
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 March 14, 2006, 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