HomeMy WebLinkAboutCity Council Resolution 2000-234CITY OF PLYMOUTH
RESOLUTION 2000-234
APPROVING POOL SETBACK VARIANCE FOR DAVE AND ARLENE TOURVILLE FOR
PROPERTY LOCATED AT 4625 YORKTOWN LANE NORTH (20046)
WHEREAS, an application has been filed by Dave and Arlene Tourville which requests approval
of a variance to allow construction of a pool with a 16 -foot setback where 25 feet is required in a
front yard that qualifies as an equivalent rear yard, for property legally described as follows:
Lot 8, Block 1, Deerwood Glen Plat 2, Hennepin County, Minnesota.
WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting
and recommends approval.
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 Dave
and Arlene Tourville a setback variance for a pool on property located at 4625 Yorktown Lane
North, subject to the following conditions:
The request for a 16 -foot setback where 25 feet is required for a pool in a front yard which
qualifies as an equivalent yard is hereby approved in accordance with the plans and application
received by the City on April 7, 2000, 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 through lot creates a unique hardship which negatively affects the usability of the yard
area. Further the pie -shape of the lot and the location of the home on the lot create unique
hardships for this property owner by limiting the usable yard area.
b. The through lot, the pie -shape of the lot and the location of the home on the lot create a
unique situation for this property. These factors combine to essentially eliminate any
usable side yard or equivalent rear yard space. These conditions are not generally
applicable to other properties in the RSF-2 zoning district.
Resolution 2000-234
(20046)
Page 2
c. The variance is not based on a desire to increase the income potential of the property, but
rather to install a swimming pool for the convenience of the property owner.
d. The hardship was not created by the applicants, but rather results from the creation of this
through lot, which does not provide a usable yard area, and the location of the home on
this pie -shaped lot.
e. Granting the variance for the pool would not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood. Specifically, the property
has an existing six-foot high fence on 46th Avenue which would effectively screen the pool
from the public street.
f. The variance 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.
g. The requested variance appears to be the minimum action required to eliminate the
hardship and allow the property owner to install the proposed swimming pool on this
property.
4. A building permit for the pool shall be obtained prior to construction.
5. This approval shall expire one year after the date of approval, unless the applicant has
substantially started construction 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 21030.06 of the Zoning Ordinance.
Adopted by the City Council on May 9, 2000.
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 May 9, 2000, 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