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HomeMy WebLinkAboutCity Council Resolution 2004-432CITY OF PLYMOUTH RESOLUTION 2004-432 APPROVING VARIANCES TO THE BLUFF SETBACK AND A STAIRWAY IN ADDITION TO A MAJOR ALTERATION OF THE BLUFF AND BLUFF IMPACT ZONE FOR A NEW HOME FOR PROPERTY LOCATED AT 12120 29TH AVENUE NORTH (2004105) WHEREAS, an application has been filed by Jeffrey and Connie Carlson which requests approval of variances to allow a 18.5 bluff setback and a stairway in addition to a major alteration of the bluff and bluff impact zone for property legally described as follows: Lot 5, Block 1, Faber Place, 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 Jeffrey and Connie Carlson for variances to the bluff setback and major alteration of the bluff for property located at 12120 29"' Avenue North, based upon the following findings: 1. These variances are granted in accordance with the plans received by the City on October 13, 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 disability. b. Less than half of the proposed lot is above the top of the bluff. The applicant has redesigned their proposal to remove the existing house and constrict a new home only marginally closer to the bluff than the existing home. The applicant has stated that the wide segment of the bluff was clear-cut by a previous property owner and the hillside is currently eroding, necessitating the proposed retaining walls to stabilize the hillside. Additionally, the bluff has extremely steep slopes on which the applicant is unable to constrict a stairway that both meets the requirements of the Ordinance and allows Ms. Carlson access to the shore. Resolution 2004-432 (2004105) Page 2 c. The conditions upon which the variance request are based are unique to this property. Very few lake properties have bluffs in Plymouth. d. The request is not based upon a desire to increase the value or income potential of the property, but instead to allow the applicant the opportunity to build a home to accommodate their large family and an access the shoreline. e. The alleged difficulty is caused by this Chapter and previous property owners. The erosion problems were caused when previous property owners clear-cut a portion of the bluff. Additionally, the applicant has worked to revise their application to best meet the intent of the regulations and still allow them to build a house and an access to the shore. Further, the applicant would replace any trees lost through the constriction of the retaining walls on a one-to-one basis. f. With the exception of three homes, many of the homes in the area were constricted prior to the adoption of the regulations and/or enforcement of the requirement to protect the bluff and the bluff impact area. The result is that most homes in the area have walkout basements and more elaborate shore accesses than the applicant has proposed. Therefore, approval of the request would not be injurious to other land or improvements in the neighborhood. g. The request 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. h. The requested variance is the minimum action necessary to eliminate the hardship. 2. Building permits shall be obtained prior to constriction of the home. No alteration of the property is permitted prior to issuance of a building or demolition permit. 3. Prior to the issuance of building permit, the property irons adjacent to the proposed constriction shall be located and exposed. At footings inspection, the applicant shall have staked and string the south property line for confirmation of setback. 4. The stairway and path from the home to the shoreline shall be no wider than four feet. 5. The applicant shall replace (on a one-to-one basis) the trees lost in the bluff impact zone due to this project. Those trees shall be replanted in the bluff impact zone. Further the applicant shall plant native grasses and shrubs in the bluff impact zone after project completion to prevent erosion. 6. The following erosion control methods shall be reflected on the plans submitted for building permit and inspected on-site prior to commencement of any constriction -related activity: a. With the exception of five feet around the lowest -proposed retaining walls, the remainder of the shore impact zone shall be protected by a row of heavy-duty, wire -backed silt -fence (per City detail DWG -5) and straw bales on the uphill side of the silt fence until permanent vegetation is established. Outside the five-foot area from the retaining walls, no trees or existing vegetation shall be removed from the shore impact zone. Resolution 2004-432 (2004105) Page 3 b. With the exception of five feet around the proposed retaining walls, the applicant shall protect the adjacent bluff impact zone from the constriction proposed on the hillsides incorporating a hand -installed, J -hook silt fence. Outside the five-foot area from the retaining walls, no trees or existing vegetation shall be removed from the bluff impact zone. c. Inside the silt fence, the steep slopes of the bluff must be protected from erosion throughout the constriction process. Within 48 hours of any vegetation removal, the exposed soil must be protected with a wood -fiber blanket. The wood fiber blanket shall be maintained until permanent vegetation is established. 7. 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 October 26, 2004. 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 October 26, 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