HomeMy WebLinkAboutCity Council Resolution 2000-344CITY OF PLYMOUTH
RESOLUTION 2000-344
APPROVING VARIANCE FOR IMPERVIOUS SURFACE AREA COVERAGE IN THE
SHORELAND MANAGEMENT OVERLAY DISTRICT FOR A SWIMMING POOL FOR
MICHAEL AND CAROL KVASNIK ON PROPERTY LOCATED AT 11625 48TH AVENUE
NORTH (20067)
WHEREAS, an application has been filed by Michael and Carol Kvasnik which requests approval
of a variance for approximately 29.2 percent impervious surface area coverage where the Zoning
Ordinance permits 25 percent coverage. The variance would allow construction of swimming
pool on property legally described as follows:
Lot 7, Block 2, Deerwood Trails, 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 Michael
and Carol Kvasnik for a variance to allow approximately 29.2 percent impervious surface area
coverage in the Shoreland Management Overlay District for property located at 11625 48t'
Avenue North, subject to the following findings and conditions:
1. This variance request to allow approximately 29.2 percent impervious surface area coverage
in the Shoreland Management Overlay District is hereby approved in accordance with the
plans and application received by the City on May 9, 2000 and revisions received on June 13,
2000, except as amended by this resolution.
2. This resolution is approved with the finding that the applicable variance standards have been
met. Specifically:
Resolution 2000-344
(20067)
Page 2
a. The lot is not adjacent to Schmidt Lake and, therefore, the lot should not be limited to 25
percent impervious surface area coverage. Furthermore, the proposed swimming pool
would be a reasonable accessory use on this property.
b. The conditions relating to the hardship are not applicable to many other properties in the
RSF-2 zoning district. A swimming pool would be a reasonable accessory use on this
property and the shoreland regulations unduly restrict the use of this non -riparian lot.
c. The request is not based exclusively upon a desire to increase value or income potential of
the property. The proposal would allow the addition of a swimming pool and patio for the
convenience of the property owner and would not detract from the appearance of the
home or surrounding properties.
d. The hardship is caused by the Zoning Ordinance, which states that all property within
1,000 feet of a lake is located within the Shoreland Management Overlay District. Such
properties are limited to 25 percent impervious surface coverage, regardless of whether or
not they actually abut the protected lakeshore.
e. Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. The proposed fence would screen the pool
from adjoining properties.
f. The variances 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 is the minimum action necessary to allow construction of the
proposed swimming pool.
3. A fence permit and building permit for the pool shall be obtained prior to construction.
4. The fence shall be maintained in a good state of repair at all times.
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 July 11, 2000.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
Resolution 2000-344
(20067)
Page 3
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