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HomeMy WebLinkAboutCity Council Resolution 2001-200CITY OF PLYMOUTH RESOLUTION 2001-200 APPROVING A VARIANCE FOR IMPERVIOUS SURFACE COVERAGE IN THE SHORELAND MANAGEMENT OVERLAY DISTRICT FOR AN ADDITION FOR FORMATION ARCHITECTS, INC., ON PROPERTY LOCATED AT 16900 41sT AVENUE NORTH (20132) WHEREAS, an application has been filed by Formation Architects requesting approval of a variance for approximately 29 percent impervious surface area coverage where the Zoning Ordinance permits 25 percent coverage, and WHEREAS, the variance would allow constriction of a 639 square foot addition on the property, and WHEREAS, the subject property is legally described as Lot 2, Block 1, Holly Creek 2"a Addition, 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 Formation Architects requesting approval of a variance for approximately 29 percent impervious surface area coverage where the Zoning Ordinance permits 25 percent coverage, for property located at 16900 41sT Avenue North, subject to the following findings and conditions: 1. This variance is granted in accordance with the plans received by the City on April 2, 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 2001-200 (2001032) Page 2 a) The property has particular physical conditions that allow runoff to be adequately treated before it drains into Plymouth Creek. Although the addition would have little impact, no additional work would be possible on the property without the variance and a hardship to the owner would result. b) The conditions relating to the hardship are not applicable to many other properties in the RSF-2 zoning district. The shoreland district requirements unduly restrict the use of the property even though the runoff from the subject site would not impact the stream 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 constriction of an addition for the use, enjoyment, and convenience of the property owner. d) The hardship is caused by the Zoning Ordinance, which limits all parcels within 300 feet of the stream to 25 percent impervious surface coverage, regardless of whether or not runoff would impact the creek. 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 or impact Plymouth Creek. 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) The requested variance is the minimum action required to eliminate the hardship. While the applicant could potentially reduce the size of the addition, doing so would have little impact on Plymouth Creek. 3. The appropriate building permits must be obtained prior to constriction of the addition. 4. The existing drainage system must be maintained in order to effectively treat any increased runoff that may occur from the addition. 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. Resolution 2001-200 (2001032) Page 3 ADOPTED by the City Council on May 22, 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 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