HomeMy WebLinkAboutCity Council Resolution 2015-211CITY OF PLYMOUTH
RESOLUTION No. 2015-211
RESOLUTION APPROVING A PUD AMENDMENT FOR DAVID AND BETH BROWN
FOR PROPERTY LOCATED AT 5605 GLACIER LANE NORTH (2015053)
WHEREAS, David and Beth Brown have requested approval of a 137 -foot setback for a pool where
the Glacier Vista PUD requires 150 feet; and
WHEREAS, the subject property is legally described as Lot 21, Block 3, Glacier Vista, Hennepin
County, Minnesota.
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the request by David and Beth Brown for a PUD
amendment to allow installation of a pool for property located at 5605 Glacier Lane North, subject to the
following:
1. The requested PUD amendment is hereby approved to allow a 137 -foot setback where a minimum
of 150 -foot setback is required, in accordance with the application received by the city on June 30,
2015, except as may be amended by this resolution, based on the following findings:
a. The requested PUD amendment would be in harmony with the general purposes and intent of
the ordinance, and would be consistent with the city's comprehensive plan with the condition
that the applicant preserve and enhance the area below the westernmost segment of the
retaining wall subject to condition 3a.
b. The applicants have demonstrated that there are practical difficulties in complying with the
ordinance regulations, because:
1) The applicants propose to use the property in a reasonable manner.
2) The request is due to unique circumstances, as most shoreland lots do not have their
home's sewer service and steep slopes preventing them from locating a pool in other
locations.
3) The PUD amendment would not alter the essential character of the lot or neighborhood.
C. The requested PUD amendment is not based upon economic considerations, but rather to
install a swimming pool for the convenience of the property owners.
d. Granting the PUD amendment would not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood. The property owners would be required to
install a five-foot fence around the portion of the back yard containing the pool and visibility
of the pool would be limited by the roughly 20 -foot difference in grade between the proposed
pool location and the trail.
e. The proposed swimming pool would not impair an adequate supply of light and air to adjacent
properties, nor would it substantially increase congestion of public streets, increase the danger
Resolution 2015-211
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of fire, endanger the public safety, or substantially diminish or impair property values within
the neighborhood.
The requested PUD amendment is the minimum action required to address the practical
difficulties.
2. A building permit is required prior to installation of the pool.
3. Prior to issuance of the building permit, the applicant shall submit the following documents:
a. An executed conservation easement for the area west of the retaining wall that indicates no
structures, fences, retaining walls, at -grade patios or the like shall be installed within the area
and that native, deep-rooted plantings will be established.
A plan to remove any volunteer saplings and/or noxious weeds (as defined by Minnesota Statute
18.79) on the property and replant the area west of the retaining wall with native, deep-rooted
plants as needed to prevent erosion, improve infiltration, and provide for infiltration of
stormwater run-off. The plan shall include detailed information on the type of plants and spacing
proposed and the maintenance necessary for successful re -vegetation.
4. One year after the pool is installed, the applicant shall be required to submit a monitoring report
indicating that the plants included in the plan have survived and are being maintained as indicated
in the plan.
5. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance
provisions.
6. The PUD amendment shall expire one year after the date of approval, unless the property owner or
applicant has commenced the authorized improvement or use, or unless the applicant, with the
consent of the property owner, has received prior approval from the city to extend the expiration
date for up to one additional year, as regulated under section 21030.06 of the zoning ordinance.
ADOPTED by the City Council on this 28th day of July, 2015.
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
July 28, 2015, 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