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HomeMy WebLinkAboutCity Council Resolution 2001-010CITY OF PLYMOUTH RESOLUTION 2001-010 APPROVING VARIANCE FOR IMPERVIOUS SURFACE AREA COVERAGE IN THE SHORELAND MANAGEMENT OVERLAY DISTRICT FOR A SWIMMING POOL FOR FRANCIS AND MARY EINARSON ON PROPERTY LOCATED AT 13915 60TH AVENUE NORTH (20169) WHEREAS, an application has been filed by Francis and Mary Einarson which requests approval of a variance for approximately 41 percent impervious surface area coverage where the Zoning Ordinance permits 25 percent coverage. The variance would allow constriction of swimming pool on property legally described as follows: Lot 33, Block 4, Lake Camelot Estates, 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 Francis and Mary Einarson for a variance to allow approximately 41 percent impervious surface area coverage in the Shoreland Management Overlay District for property located at 13915 60t' Avenue North, subject to the following findings and conditions: 1. This variance request to allow approximately 41 percent impervious surface area coverage in the Shoreland Management Overlay District is hereby approved in accordance with the plans and application received by the City on November 22, 2000, except as amended by this resolution. 2. This resolution is approved with the finding that the applicable variance standards have been met. Specifically: Resolution 2001-010 (20169) Page 2 a. Regardless of the fact that the lot is not adjacent to the lake, this property must meet the same requirements as lots that are directly adjacent to the lake. The runoff from this property would generally be directed north through a series of treatment ponds and wetlands. The runoff would be directed away from Mud Lake and, therefore, it would not adversely affect water quality in Mud Lake. Staff finds that this proposed swimming pool would be a reasonable accessory use on this property. b. The conditions relating to the hardship are not applicable to many other properties in the RSF-2 zoning district. A swimming pool would be a reasonable accessory use on this property and the shoreland regulations unduly restrict the use of this non -riparian lot. c. The request is not based exclusively upon a desire to increase value or income potential of the property. The proposal would allow the addition of a swimming pool and patio for the convenience of the property owner and would not detract from the appearance of the home or surrounding properties. d. The hardship is caused by the Zoning Ordinance, which states that all property within 1,000 feet of a lake is located within the Shoreland Management Overlay District. Such properties are limited to 25 percent impervious surface coverage, regardless of whether or not they actually abut the protected lakeshore. Limiting impervious surface area in the Shoreland Management Overlay District is one of the primary means to effectively limit the water runoff and pollution that enters the lake. However, the runoff from this property would be directed north, away from Mud Lake, through a series of treatment ponds and wetlands. Therefore, the increased impervious surface area would not adversely affect the water quality of Mud Lake. e. Granting the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. There is an existing fence that would screen the pool from adjoining properties. f. The variances 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. g. The requested variance is the minimum action necessary to allow constriction of the proposed swimming pool. 3. The existing fence shall be maintained in a good state of repair at all times. 4. 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 Resolution 2001-010 (20169) Page 3 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 January 9, 2001. 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 January 9, 2001, 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