HomeMy WebLinkAboutCity Council Resolution 2006-487CITY OF PLYMOUTH
RESOLUTION 2006-487
APPROVING VARIANCES TO THE OHWL AND BLUFF SETBACKS FOR KATHY AND
DOUG BURKETT TO ALLOW AN ADDITION TO AN EXISTING HOME FOR PROPERTY
LOCATED AT 14820 13TH PLACE N. (2006101)
WHEREAS, an application has been filed by Kathy and Doug Burkett which requests approval of
variances to the required setbacks from a bluff and the OHWL of Parkers Lake to allow
constriction of an addition to an existing home for property legally described as follows:
Lot 4, Block 2, Parkers Lake Farm, 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 Kathy
and Doug Burkett for variances to allow constriction of an addition to an existing home on top of
a bluff and 62 feet from the OHWL for property located at 14810 13t1' Place N, subject to the
following conditions:
1. This resolution approves variances to allow an addition to an existing home that is non-
conforming due to setback to the OHWL and bluff, in accordance with the plans and materials
received by the City on October 13, 2006, except as may be amended by this resolution.
2. The variance is approved with the findings that the applicable variance standards as listed in
are approved subject to the findings that the standards listed in the Zoning Ordinance have
been met, as follows:
Resolution 2006-487
(2006101)
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a. The subject home is a legally non -conforming stricture that was constricted prior to 1)
the inclusion of setbacks to the bluff and 2) the revision in the OHWL for Parkers Lake.
The presence of the bluff and the distance to the shoreland create a hardship for the
applicant. If the applicants reduce the footprint of the home by two feet, they would not
be proposing anything beyond what could have been constricted originally.
b. The circumstances related to this request are not generally applicable to other properties
in the RSF-1 district. The DNR changes the OHWL of lakes very rarely and new lots
would be subdivided so that homes could be constricted and meet both the bluff and
OHWL setback.
c. The request is not based upon a desire to increase the value or income potential. The
proposal would allow the applicants to expand an existing single-family home on this
residentially zoned lot, altering the home to better meet their needs. The extra storage
space would provide the applicants with adequate space to store all of their personal
property (e.g., lawn care equipment, bikes, lawn fiirniture, etc.) indoors.
d. The hardship relating to the location of the bluff and the OHWL were not created by the
applicants and are a result of factors beyond their control.
e. The proposal would not be detrimental to the public welfare or directly injurious to the
neighborhood.
f. The proposal 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.
g. Reducing the addition by two -feet would be the minimum action necessary to eliminate
the hardship.
3. The approval also includes a one -foot roof overhang and two two -foot deep cantilevers on the
second level.
4. Impervious surface coverage on the property shall be no greater than 25 percent of the total
lot area.
5. A separate building permit is required prior to any construction activity on the
property.
6. Prior to issuance of the building permit, the applicants shall revise the plans consistent with
City Code and the Engineering Guidelines or submit necessary supplementary materials as
follows:
a) Revise the plans to reduce the addition by two feet and maintain a 62 -foot setback from
the OHWL.
b) Submit a landscaping plan that shows the area between the top of the bluff to the shoreline
and between the north property line to the existing retaining walls re -landscaped with
natural native vegetation.
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c) Install a double row of heavy duty silt fence on the lakeside and a single row of heavy duty
silt fence on the north side of the property. For the double row of silt fencing, the first
row should be installed at approximately the 950 elevation and the second at
approximately the 942 elevation. The site must be inspected prior to issuance of a permit
and shall be maintained throughout the constriction process.
d) Revise the building plans to indicate a door leading to the storage area that is no wider
than four feet.
7. Public streets must be kept clean of silt, sand, and mud throughout all times during
constriction.
8. Any changes or expansions are subject to required reviews and approvals per Ordinance
provisions.
9. 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 December 12, 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 December 12, 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