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HomeMy WebLinkAboutCity Council Resolution 2004-228CITY OF PLYMOUTH RESOLUTION 2004-228 APPROVING VARIANCES TO THE MAXIMUM IMPERVIOUS SURFACE AND ACCESSORY STRUCTURE SIZE TO ALLOW CONSTRUCTION OF AN ENCLOSED POOL FOR PROPERTY LOCATED AT 2720 QUAKER LANE NORTH (2004025) WHEREAS, an application has been filed by Beth Dryden which requests approval of variances to allow 39 percent impervious surface coverage and an accessory building 1,712 square feet in area for property legally described as follows: Lot 5, Block 1, Ameriks First 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 of Beth Dryden for variances to allow 39 percent impervious surface coverage and an accessory building 1,712 square feet in area for property located at 2720 Quaker Lane North, based upon the following findings: I. This variance is granted in accordance with the plans received by the City on March 12, 2004 and April 20, 2004, except as may be amended by this resolution, based on the findings that the applicable standards have been met as follows: a. The Council has determined that the request is a reasonable accommodation of the applicant's son's disability. b. The request is not based upon a desire to increase the value or income potential of the property. The proposal would allow the addition of an enclosed pool for the convenience and enjoyment of the property owners and would not increase the income potential of the parcel of land. The pool was fiirther proposed to provide exercise for the applicants' child, who has Down Syndrome and provide the ability to swim in a pool that is not treated with chlorine. c. The rain garden would mitigate the additional impervious surface proposed. Resolution 2004-228 (2004025) Page 2 d. The variance would not impair an adequate supply of light and air to adjacent properties, 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. e. The requested variance is the minimum action necessary to eliminate the hardship. 2. The proposed rain garden shall be installed prior to issuance of a certificate of occupancy for the pool building. In addition, the applicant shall show the rain garden on the survey and sign a rain garden agreement requiring maintenance for a minimum of ten years. 3. Prior to the issuance of building permit, the property irons adjacent to the proposed constriction shall be located and exposed. 4. Prior to the issuance of a building permit, the applicant shall revise the building drawings consistent with the landscaping plan. 5. Building permits shall be obtained prior to constriction of the addition. 6. Prior to issuance of a building permit, the applicant shall revise the plans to demonstrate that 80 percent of the plants in the wetland are native plants or listed on the City's standard detail for a rain garden. 7. Prior to issuance of a building permit, the plans shall be revised to relocate the rain garden outside the drainage and utility easement. 8. Prior to issuance of a building permit, the plans shall be revised as necessary to show a 3:1 slope behind the accessory building. Should a retaining wall be necessary to comply with the 3:1 slope requirement, the accessory building shall be moved farther west to allow constriction of the retaining wall outside the drainage and utility easement. 9. Prior to issuance of a building permit, the applicant shall furnish information on the height of the building adjusted for the change in grade around the building. The height of the building shall not exceed 15 feet. 10. This approval shall expire one year after the date of approval, unless the applicant has substantially started constriction of the project, or unless the 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 June 8, 2004. Resolution 2004-228 (2004025) 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 June 8, 2004, 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