HomeMy WebLinkAboutCity Council Resolution 2014-349CITY OF PLYMOUTH
RESOLUTION No. 2014-349
A RESOLUTION APPROVING A VARIANCE TO THE ORDINARY HIGH WATER LEVEL
SETBACK TO ALLOW THE CONSTRUCTION OF A DECK BY QUIGLEY ARCHITECTS FOR
PROPERTY LOCATED AT 2770 EVERGREEN LANE NORTH (2014101 )
WHEREAS, Quigley Architects has requested approval of a setback variance to the ordinary high
water level to Medicine Lake to allow construction of a deck; and
WHEREAS, the subject property is legally described as: That part of Government Lot 8, Section
23, Township 118, Range 22, described as follows:
Commencing at the point of intersection of Easterly line of West Point Street in the plat of "Bolduc's
Medicine Lake Park" with a line parallel with and distant 970 feet North from South line of said Section
thence Northerly along said street line a distance of 52 feet thence East parallel with the South line of
said Section a distance of 162 feet to the shore of Medicine Lake as shown on the plat of said Addition,
thence Southerly along said Lake Shore to a point distant 970 feet North from South line of said Section
thence West 158 feet to beginning; Corresponding to Lot 4, "Bolduc's Medicine Lake Park", now
vacated, Hennepin County, Minnesota. (Torrens; Certificate No. 1315134)
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 Quigley Architects for
a setback variance to the ordinary high water level to Medicine Lake to allow construction of a deck for
property located at 2770 Evergreen Lane North, subject to the following:
1. The requested variance is hereby approved to allow a setback variance to the ordinary high water
level to Medicine Lake of 40 feet where 42.5 feet is required to allow the construction of a deck, in
accordance with the application received by the City on October 7, 2014 and additional information
on October 24, 2014, except as may be amended by this resolution.
2. The requested ordinary high water level setback variance is approved, based on the finding that all
applicable variance standards would be met, as follows:
a) The variance permitting the deck construction is consistent with the residential uses listed for
this land use classification in the comprehensive plan.
b) Providing the deck addition to the home on this lot allows the property to be used in a
reasonable manner.
Resolution 2014-349
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c) The plight of the landowner is unique as the subject property has shoreland that contains an
abrupt indentation that was created by a previous owner.
d) The applicant has established that there are practical difficulties in complying with the
ordinance. "Practical difficulties" means that:
1) The variance, if granted, would not alter the essential character of the locality; this
neighborhood is a fully developed neighborhood built in the 1960's.
2) The purpose for the variation is not based exclusively on economic considerations; but
rather, the variance is requested to make improvements to the home to make it more
livable for the current occupant.
3) Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. The applicant is proposing the deck addition for
usability of the lakeside of the property.
e) The proposed deck addition would not impair an adequate supply of light and air to adjacent
properties, nor would it substantially increase congestion of public streets, increase the danger
of fire, endanger the public safety, or substantially diminish or impair property values within
the neighborhood.
f) The variance requested is the minimum action required to address or alleviate the practical
difficulties and to allow the homeowners to improve the livability of the home and to provide
usable space.
3. A building permit is required prior to commencement of the project.
4. Prior to scheduling of the framing inspection, the 7.1 foot by 10.8 foot shed labeled as "remove at
end of project" on the site plan shall be removed from the property.
5. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance
provisions.
6. The variance shall expire one year after the date of approval, unless the property owner or
applicant has commenced the authorized improvement or use, or unless the applicant, with the
consent of the 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 this 25th day of November, 2014.
Resolution 2014-349
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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 25, 2014 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