HomeMy WebLinkAboutCity Council Resolution 2000-397CITY OF PLYMOUTH
RESOLUTION 2000-397
APPROVING VARIANCE FOR IMPERVIOUS SURFACE AREA COVERAGE IN THE
SHORELAND MANAGEMENT OVERLAY DISTRICT FOR A SWIMMING POOL FOR
MICHAEL REGET ON PROPERTY LOCATED AT 5775 ANNAPOLIS LANE NORTH
(20111)
WHEREAS, an application has been filed by Michael Reget which requests approval of a variance
for approximately 31 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:
That Lot 8, Block 2, Camelot Overlook, 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
Reget for a variance to allow approximately 31 percent impervious surface area coverage in the
Shoreland Management Overlay District for property located at 5775 Annapolis Lane North,
subject to the following findings and conditions:
1. This variance request to allow approximately 31 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 July 5, 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 2000-397
(20111)
Page 2
a. The lot is roughly 700 feet from Mud Lake and meets all setback requirements.
Regardless of the fact that the lot is not adjacent to the lake, this property must meet the
same requirements as lots that are directly adjacent to the lake. The applicant would also
direct water to a treatment pond and a series of wetlands, which would reduce drainage to
the west and reduce pollution of Mud Lake. Futhermore, constructing a swimming pool
within the required setback would not eliminate the ability to use the rear yard for outdoor
activities. Staff finds that this 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 majority of RSF-2 lots are not located in shoreland districts. All
that are non -riparian do face the issue of needing to meet the same requirements as
riparian lots.
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. Limiting impervious
surface area in the Shoreland Management Overlay District is one of the primary means to
effectively limit the water runoff and pollution that enters the lake. However, the
applicant would direct water to a treatment pond and a series of wetlands, which would
reduce drainage to the west and reduce pollution of Mud Lake.
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. In order to address the existing drainage problem of lots to the west, the applicant shall
provide information detailing how excess rainwater that enters the pool would be pumped to
the street where it would enter an existing catch basin. This information shall be provided
prior to issuance of building permits.
Resolution 2000-397
(20111)
Page 3
4. The existing 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 August 22, 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 August 22, 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