HomeMy WebLinkAboutCity Council Resolution 2011-266CITY OF PLYMOUTH
RESOLUTION No. 2011-266
A RESOLUTION APPROVING VARIANCES FOR TRYGVE SVARD
FOR PROPERTY LOCATED AT 12075 48TH AVENUE NORTH (2011047)
WHEREAS, Trygve Svard has requested approval of variances for front and rear/lake
setback to allow a solar panel system; and
WHEREAS, the subject property is legally described as Lot 16, Block 2, Schmidt Lake
Estates, Hennepin County, Minnesota; and
WHEREAS, the Planning Commission has reviewed said request at a duly called public
meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the
request by Trygve Svard for variances to allow a zero -foot front setback and a 35 -foot rear
setback to the ordinary high water level (OHWL) of Schmidt Lake to allow a solar panel system
on property located at 12075 48t1' Avenue North, subject to the following:
1. The requested variance is hereby approved, in accordance with the application received by
the city on June 22, 2011 and revised narrative received on July 19, 2011, except as may be
amended by this resolution.
2. The requested variance is approved, based on the finding that all applicable variance
standards have been met, specifically:
a) The requested variance would be in harmony with the general purposes and intent of
the ordinance, and would be consistent with the city's comprehensive plan.
b) The applicant has demonstrated that there are practical difficulties in meeting the
setback requirement, because:
I . The applicant proposes to use the property in a reasonable manner;
2. The request is due to unique circumstances that were not created by the
applicant. Given the position of the street frontage and the position of
Schmidt Lake in relation to the lot, there is no location on the property to
place a freestanding solar panel system without the need for a variance. By
placing the solar panel system at the front property line, the applicant would
maintain the greatest possible setback from Schmidt Lake, while using an
existing hill on the property; and
3. The variance would not alter the essential character of the lot or
neighborhood. The solar panel system would be flush with the street grade to
Resolution 2011-266
(2011047)
Page 2
allow snow to be plowed underneath the panels. The solar system would be
lower than street grade and therefore, would not be visible from adjacent
properties.
c) The requested variance is not based exclusively upon economic considerations. The
property owner is proposing to constrict a solar panel system to harvest renewable
energy from the sun.
d) The variance would not impair an adequate supply of light and air to adjacent
properties, nor would it increase traffic congestion or the danger of fire, endanger the
public safety, or substantially diminish property values within the neighborhood.
e) The variance requested is the minimum action required to address the practical
difficulties.
3. An electrical permit is required prior to commencement of the project.
4. Prior to approval of the electrical permit, the property owner shall:
a) Locate the front property irons or have the front property line surveyed to verify that the
solar panel system will be constricted on the subject property. The top of the solar
panel system shall be positioned to be flush with the street elevation and set back at least
35 feet from the ordinary high water level of Schmidt Lake.
b) Prepare and enter into an agreement between the property owner and the city (agreement
to be approved by city staff), holding the city harmless for any damage to the solar panel
system resulting from snow plowing the adjacent city street and cul-de-sac.
5. The variance shall expire one year after the date of approval, unless the property owner or
applicant has substantially started constriction of the project, or unless the landowner or
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.
ADOPTED on August 23, 2011.
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 23, 2011, 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