HomeMy WebLinkAboutCity Council Resolution 2002-486CITY OF PLYMOUTH
RESOLUTION 2002-486
DENYING A REQUEST FOR A VARIANCE TO ALLOW INSTALLATION OF AN IN -
GROUND POOL AND CONCRETE PATIO 12 FEET INTO THE 15 -FOOT
STRUCTURE SETBACK TO THE WETLAND BUFFER FOR PROPERTY AT 4895
ROSEWOOD LANE NORTH (2002114)
WHEREAS, an application has been filed by Jeffrey and Cheryl Chanen which requests approval
of a variance to allow the installation of an in -ground pool and concrete patios 12 feet into the 15 -
foot stricture setback for property legally described as follows:
Lot 5, Block 1, Bridgid Glenn, Hennepin County, Minnesota.
WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request of Jeffrey and
Cheryl Chanen for a variance to allow an in -ground pool that would encroach 12 feet into the
required 15 -foot stricture setback for property located at 4895 Rosewood Lane North, based
upon the following findings:
1. There are no hardships associated with the physical surroundings, shape or topography of
the property that would prohibit the applicant from using and enjoying the property in the
existing condition. The applicant has stated that the buffer width is wider for their lot than
for their neighbors and this irregularity constitutes a hardship. However, wetlands are not
uniform in their size and shape and required buffers reflect this fact. In addition, the
applicant has 23 feet from the back of the existing home to the stricture setback.
Although the proposed pool does not fit into this area, the applicant could constrict other
improvements.
2. The conditions upon which the variance request is based are not unique to this property.
All homes platted after the effective date of the wetland regulations must adhere to the
same stricture setback.
Resolution 2002-486
(2002114)
Page 2
3. The alleged hardship is not caused by this Chapter. Although the applicant may be
inconvenienced by having to comply with the setback requirements, there is no hardship.
All properties platted after the effective date of the ordinance adjacent to wetlands must
comply with the same setback restrictions.
4. There is no evidence that the granting of the variance would be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood. However, the
proposed pool would not be consistent with the character of the neighborhood.
Specifically, no other properties in the subdivision have constricted encroachments into
the stricture setback.
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. However, the aesthetic appearance of a pool within such a short distance
to the wetland and taking up such a large portion of the rear yard could negatively impact
the character of the existing neighborhood.
6. No hardship exists.
ADOPTED by the City Council this 22" a day of October, 2002.
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 22, 2002 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