HomeMy WebLinkAboutCity Council Resolution 2005-364CITY OF PLYMOUTH
RESOLUTION 2005-364
APPROVING A VARIANCE TO ALLOW 27 PERCENT IMPERVIOUS SURFACE
AREA COVERAGE FOR PROPERTY LOCATED AT 1824 EAST MEDICINE LAKE
BOULEVARD (2005106)
WHEREAS, an application has been filed by Tom Conn, which requests approval of a
shoreland variance to permit 27 percent impervious surface area for property legally
described as follows:
That part of the South Half of vacated 19th Avenue, dedicated in the plat of
"INGLEBRAE, HENNEPIN Co. Minn." as Hughes Valley, which lies West of the
northerly extension of the East line of Lot 6, Block 1, and East of the northerly
continuation of the East line of Medicine Lake Boulevard; and that part of Lots 6 & 7,
Block 1, "INGLEBRAE, HENNEPIN Co. Minn." lying northerly of the following
described line:
Commencing at the Northeast Corner of said Lot 6; thence along the East line thereof,
South 01 Degrees 48 Minutes 23 Seconds East, assumed bearing, distant 39.78 feet to the
Point of Beginning; thence North 87 Degrees 40 Minutes 00 Seconds West 55.00 feet;
thence South 88 Degrees 16 Minutes 00 Seconds West 112.90 feet more or less to the
west line of said lot 7, 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 Tom Conn for a shoreland variance to permit 27 percent impervious surface
area for property located at 1824 East Medicine Lake Boulevard, subject to the following
conditions:
1. This resolution approves variance to allow 27 percent impervious surface area
coverage where 25 percent coverage is permitted, in accordance with the plans and
Resolution 2005-364
(2005106)
Page 2
application received by the City on August 25, 2005, except as amended by this
resolution.
2. The shoreland variance is approved with the finding that the applicable variance
standards are met. Specifically:
a. The conditions of the parcel are unique due to topography of the lot. The topography
on the lot requires the home to be placed further east than what would be required,
thereby increasing the driveway length (impervious surface) necessary to access the
garage. The variance is necessary to make the driveway safer during Minnesota
winters for the occupants.
b. The conditions relating to the hardship are not generally applicable to other properties
in the RSF-2 zoning district. The property is unique due the topography, which
necessitates an increased setback of the home on the lot. The width of the buildable
area on the lot is also restricted due to the 33 -foot utility easement for a water main
on the north side of the property. The placement of the garage is the only
architecturally feasible location, creating a longer driveway.
c. The request is not based exclusively upon a desire to increase value or income
potential of the property; but rather, the variance is necessary to make improvements
to the livability of the property.
d. Staff notes the hardship is self-created, but Minnesota case law has determined that a
self-created hardship on its own is not a sufficient basis for a city to deny a variance.
e. Granting the variance would not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood. The increased impervious surface
would be mitigated by the proposed rain garden, which would treat the added runoff
prior to reaching to lake.
f. The variance would not impair an adequate supply of light and 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. Unless the additional paver blocks are removed, the requested variance appears to be
the minimum action required to eliminate the hardship. To compensate for the
additional pavers, the applicant would constrict a rain garden to treat the added
runoff prior to reaching the lake.
3. Prior to the issuance of the certificate of occupancy, the approved driveway system
shall be inspected to ensure conformance with the engineering specifications.
Resolution 2005-364
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4. Prior to issuance of a certificate of occupancy, the proposed rain garden shall be
installed. In addition, the applicant shall sign a rain garden agreement to be recorded
at Hennepin County, requiring maintenance of the rain garden.
Prior to issuance of a certificate of occupancy, the applicant shall submit the
appropriate financial guarantee deposit for the constriction and landscaping, and
winter survivability of all landscaping associated with the rain garden.
6. Any subsequent phases or expansions are subject to required reviews and approvals
per Ordinance provisions.
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 21030.06 of
the Zoning Ordinance.
Adopted by the City Council on September 27, 2005.
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 September 27, 2005, 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