HomeMy WebLinkAboutCity Council Resolution 2000-337CITY OF PLYMOUTH
RESOLUTION 2000-337
APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A POOL WITHIN THE
SETBACK FROM THE WETLAND BUFFER FOR POOL GUY.COM LOCATED AT 4075
GARLAND LANE NORTH (20073)
WHEREAS, an application has been filed by Pool Guy.com which requests approval of a setback
variance to permit construction of a swimming pool for property legally described as follows:
Lot 5, Block 1, Holly Creek 4th Addition.
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 by Pool
Guy. com for a setback variance to permit construction of a swimming pool for property located at
4075 Garland Lane North, subject to the following conditions:
1. This resolution approves a variance to allow an approximately eight -foot setback from the
wetland buffer where 15 feet is required, in accordance with the plans and application received
by the City on May 19, 2000, except as amended by this resolution.
2. A building permit is required for the swimming pool and fence.
3. The variance is approved with the finding that the applicable variance standards are met.
Specifically:
(a) The physical surroundings and location of the wetland create a unique hardship, as
distinguished from a mere inconvenience. Further, constructing a pool within the 15 -foot
required setback would not be inconsistent with the purpose of the setback requirement,
Resolution 2000-337
(20073)
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which is to have a useable yard area. Constructing a swimming pool within the required
setback would still provide an area for outdoor activities in the rear yard.
(b) The conditions relating to the hardship are not generally applicable to other properties in
the RSF-2 zoning district. Properties that do not contain wetlands or are not subject to
the wetland buffer and setback requirements are permitted to have a pool six feet from a
side or rear property line, regardless of the size of the yard.
(c) The request is not based exclusively upon a desire to increase the value or income
potential of the property. The proposal would allow the placement of the pool in the rear
yard.
(d) The hardship is caused by the setback requirement, which does not provide an exception
for in -ground swimming pools. Additionally, allowing an encroachment for a swimming
pool would not be inconsistent with the purpose and intent of the setback requirement,
which is to provide a useable yard area for outdoor activities.
(e) The proposed pool would not be detrimental to the public welfare or injurious to other
properties. The pool would comply with the required side yard setback requirement,
which is 6 feet. Further, the pool would not be injurious to the wetland because it would
not impact the required wetland buffer.
(f) The in -ground swimming pool 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. There is no other location on the property to locate the pool that would result
in a greater setback from the wetland buffer. Further, the pool and concrete deck would
encroach over a distance of approximately 40 feet. The remainder of the lot would
comply with the required wetland setback.
4. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
5. This approval shall expire one year after the date of approval, unless the property owner or
applicant has substantially started construction 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 21030.06 of the Zoning Ordinance.
Adopted by the City Council on July 11, 2000.
Resolution 2000-337
(20073)
Page 3
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 11, 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