HomeMy WebLinkAboutCity Council Resolution 1998-622CITY OF PLYMOUTH
RESOLUTION 98-622
DENYING A VARIANCE FOR TODD AND LESLIE FOSTER FOR PROPERTY
LOCATED AT 16740 -40TH AVENUE NORTH (98145)
WHEREAS, an application has been filed by Todd and Leslie Foster which requests
approval of a variance to reduce the width of the wetland buffer strip from 40 feet to 20
feet; and
WHEREAS, the Planning Commission has considered 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 deny the
variance for Todd and Leslie Foster, subject to the following findings:
1. The particular physical surroundings, shape, or topographical conditions of the
land do not create a hardship to the applicant. The applicants have reasonable use
of their property as a home site and could install a swing set in the rear yard
without encroaching on the wetland buffer. Therefore, denial of the variance
would not preclude reasonable use of the property.
2. There are not any unique conditions related to the subject property that are not
shared by other lots which abut wetlands and were platted after January 3, 1995.
The wetland buffer regulations apply to all properties in the City that were platted
after January 3, 1998.
3. The alleged difficulty or hardship is not caused by the ordinance, but rather is self-
imposed by the applicants. The applicants had constrictive knowledge of the
wetland buffer regulations prior to buying their property in Plymouth. In addition,
the applicants had actual knowledge, through their landscaping contractor and
through City representatives, of the City's wetland buffer requirement prior
grading and sodding the buffer. Furthermore, the buffer monuments were present
on the lot at the time the building permits was issued, providing builders and
potential buyers of the existence of the wetland buffer.
Resolution 98-622
(98145)
Page 2
4. The proposed reduction in the wetland buffer would be detrimental to the public
welfare and to the natural environment because the wetland would not be buffered
in a manner to protect it from sediments and pollutants. If the quality of the
wetland is degraded, the ecosystem would be negatively impacted, further
negatively impacting ground water and the residents of the City of Plymouth.
5. There is no hardship present which needs to be eliminated. The Zoning Ordinance
sets the minimum action required to protect wetlands. In this case, the ordinance
specifies an average 30 -foot wide buffer (20 -foot minimum/40-foot maximum) as
the minimum buffer width needed to adequately protect this medium quality
wetland. The approved plans for this subdivision maintains an average of 30 feet
by indicating a buffer of 40 feet along the applicants property, as the minimum
wetland buffer needed to ensure proper protection of the wetland.
ADOPTED by the City Council this 7th day of October, 1998.