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HomeMy WebLinkAboutCity Council Resolution 2001-196CITY OF PLYMOUTH RESOLUTION 2001-196 APPROVING A VARIANCE FOR BRAD AND TASHA COATS FOR IMPERVIOUS SURFACE COVERAGE FOR PROPERTY AT 1820 PEONY LANE NORTH (2001025) WHEREAS, an application has been filed by Brad and Tasha Coats requesting approval of a variance for roughly 33.8 percent impervious surface coverage, where the Zoning Ordinance specifies a maximum coverage of 25 percent; and WHEREAS, the requested variance would allow installation of a swimming pool, spa, and related patio; and WHEREAS, the subject property is legally described as Lot 2, Block 5, Imperial Hills Annex, Hennepin County, Minnesota, and 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 Brad and Tasha Coats for a variance to allow roughly 33.8 percent impervious surface coverage in the shoreland management overlay district, for property located at 1820 Peony Lane North, subject to the following findings and conditions: 1. This variance is granted in accordance with the plans received by the City on March 23, 2001 and April 11, 2001, except as may be amended by this resolution. 2. The variance is granted based upon findings that the applicable variance standards have been met, as follows: Resolution 2001-196 (2001025) Page 2 a. The lot is non -riparian. Snyder Lake lies to the north and the runoff from this site flows southerly through a series of ponds that are part of the City's storm water drainage system. None of the runoff from the subject site flows into Snyder Lake, therefore, the proposed increase in impervious surface coverage would not affect the quality or quantity of water in the lake. Furthermore, the proposal would provide a reasonable accessory use for this property. b. The conditions relating to the hardship are not applicable to many other properties in the RSF-I zoning district because, in this particular case, the subject site does not drain toward or impact the lake that the regulations are designed to protect. c. The request is not based upon a desire to increase value or income potential of the property. The proposal would allow the installation of a swimming pool, spa, and patio for the use, enjoyment, and convenience of the property owner. d. The hardship is caused by the Zoning Ordinance, which limits all parcels within 1,000 feet of a lake to 25 percent impervious surface coverage, regardless of whether or not they actually drain toward the protected lake. In this particular case, the runoff from the site has no impact on the lake. Therefore, the shoreland regulations unduly restrict the use of this lot. e. Granting the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The proposed improvements would not detract from the appearance of the home or surrounding properties. f. Granting the variance would not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion of the public streets, increase the danger of fire, endanger public safety, or substantially diminish property values within the neighborhood. g. While the applicant could potentially reduce the patio area, doing so would have no impact on Snyder Lake. 3. The appropriate building permits must be obrtained prior to installation of the swimming pool and spa. 4. The existing fence shall be maintained in a good state of repair at all times. 5. 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 May 22, 2001. Resolution 2001-196 (2001025) 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 May 22, 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