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