HomeMy WebLinkAboutCity Council Resolution 2013-365CITY OF PLYMOUTH
RESOLUTION No. 2013-365
A RESOLUTION APPROVING A VARIANCE FOR MICHLITSCH BUILDERS, INC. FOR
PROPERTIES LOCATED AT 12015 28TH AVENUE AND 12025 28TH AVENUE (201310 1
WHEREAS, Michlitsch Builders, Inc. has requested approval of a variance to allow a
new home to be constricted within the bluff for the two properties located at 12015 28t1' Avenue
and 12025 28th Avenue; and
WHEREAS, the subject properties are legally described as follows:
12015 28th Avenue: Lot 9, Block 1, Chippewa Trails -1 Addition, Hennepin County,
Minnesota.
n
12025 28th Avenue: Lot 10, Block 1, Chippewa Trails -1 Addition, Hennepin County,
Minnesota.
WHEREAS, the Planning Commission has reviewed said request at a duly called public
meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the
request by Michlitsch Builders, Inc. for a variance to allow a new home to be constricted within
the bluff for the two properties located at 12015 28t1' Avenue and 12025 28t1' Avenue, subject to
the following findings and conditions:
1. The requested variance is hereby approved, in accordance with the plans received by the
City on October 16, 2013, except as may be amended by this resolution.
2. The requested variance is approved, based on the finding that all applicable variance
standards would be met. Specifically,
a. The variance and resulting constriction would be in harmony with the general purposes
and intent of the ordinance, and would be consistent with the city's comprehensive
plan.
b. The applicant has demonstrated that there are practical difficulties in complying with
the ordinance, because:
1. The proposal would allow the properties to be used in a reasonable manner;
Resolution 2013-365
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2. the request is due to circumstances not created by the landowner; and
3. the variance would not alter the essential character of the locality.
c. The requested variance is not based solely upon economic considerations, but rather, is
required in order to use the properties in the manner they were intended to be used.
d. The variance and resulting constriction would not be detrimental to the public welfare,
nor would it be injurious to other land or improvements in the neighborhood.
e. The variance and resulting constriction would not impair an adequate supply of light
and air to adjacent properties, nor would it increase traffic congestion or the danger of
fire, endanger the public safety, or substantially diminish property values within the
neighborhood.
f. The variance requested is the minimum action required to address the practical
difficulties. The proposed homes would comply with all other city regulations.
A building permit is required for each lot prior to constriction of the respective home.
4. Prior to issuance of the building permit for either lot, the applicant shall:
a. Install required erosion control (including silt fence) for inspection by the city.
b. Provide evidence of current watershed permits and approvals.
5. Prior to issuance of the certificate of occupancy for the home on either lot, constriction
of the filtration basin and drainage system shall be completed.
6. Prior to issuance of the building permit for either lot, evidence must be provided that the
constriction would meet the requirements of Section R403.1.7 of the International
Residential Code (IRC) pertaining to specific requirements for foundations on or near steep
slopes.
7. The variance 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 applicant, with
the consent of property owner, 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 November 26, 2013.
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(2013101)
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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 November 26, 2013, 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