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HomeMy WebLinkAboutCity Council Resolution 2001-332CITY OF PLYMOUTH RESOLUTION 2001-332 APPROVING A VARIANCE FOR IMPERVIOUS SURFACE AREA COVERAGE IN THE SHORELAND MANAGEMENT OVERLAY DISTRICT FOR A SWIMMING POOL FOR MAX AND PEGGIE EISENBERG ON PROPERTY LOCATED AT 2715 QUAKER LANE NORTH (2001055) WHEREAS, an application has been filed by Max and Peggie Eisenberg which requests approval of a variance for approximately 28.4 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 17, Block 2, Medicine Ridge, 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 approve the request of Max and Peggie Eisenberg for a variance to allow approximately 28.4 percent impervious surface area coverage in the Shoreland Management Overlay District for property located at 2715 Quaker Lane North, based upon the following findings: 1. This variance request to allow approximately 28.4 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 May 29, 2001 except as amended by this resolution. 2. This resolution is approved with the finding that the applicable variance standards have been met. Specifically: a. The lot is roughly 600 feet from Medicine Lake and meets all setback requirements. 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 towards Medicine Lake. However, the water Resolution 2001-332 (2001055) Page 2 surface area of the proposed pool would be the only additional impervious surface area on the lot. The pool would hold water and limit runoff to Medicine Lake. Therefore, staff finds that the increased impervious surface area would not adversely affect the water quality of Medicine Lake. b. The conditions relating to the hardship are not applicable to many other properties in the RSF-I zoning district. A majority of RSF-I lots are not located in shoreland districts. All lots that are non -riparian do face the issue of needing to meet the same requirements as riparian lots. 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 deck 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 defines a pool's surface water area as impervious surface. The pool is the only additional impervious surface area requested. Staff finds that the pool would hold water and limit runoff to Medicine lake. d. Granting the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The applicants are proposing to add a fence that would screen the pool from adjoining properties. In addition, the applicant's lot is well screened with existing plantings. e. 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. f. The requested variance appears to be the minimum action necessary to eliminate the hardship. The pool is the only additional impervious surface area requested. Staff finds that the pool fi lfills the purpose of the shoreland district by holding water and limiting runoff. 3. The applicant shall apply for a fence and wall permit. 4. Prior to issuance of a building permit, the applant shall submit a grading plan by a licenced contractor or certified surveyor. 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 2001-332 (2001055) Page 3 ADOPTED by the City Council this 14"' day of August, 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 August 14, 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