HomeMy WebLinkAboutCity Council Resolution 2000-456CITY OF PLYMOUTH
RESOLUTION 2000-456
APPROVING A SETBACK VARIANCE FOR JOHN AND TAMMY WARD FOR
PROPERTY LOCATED AT 12435 -50TH AVENUE NORTH (20130)
WHEREAS, John and Tammy Ward have requested approval of a variance to allow installation of
a swimming pool at property legally described as Lot 11, Block 3, Creekwood Hills 2nd Addition;
and
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 John and
Tammy Ward for setback variance, subject to the following conditions:
1. The variance approves installation of a swimming pool that would be set back 27.5 feet
from the south lot line where 50 is specified, in accordance with the application and plans
received by the City on August 15, 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 particular condition of this through lot creates a hardship for installation of a
swimming pool. The side yards of the subject property are only 14.5 feet wide, and
swimming pools are prohibited in front yards. Consequently, any swimming pool for
this lot would need to be located in the equivalent rear yard. After deducting the 50 -
foot setback from the south lot line, only 28.6 feet directly behind the home remain as
buildable area without a variance. Any swimming pool in this yard would require a
variance in order to position it in a manner that provides an adequate setback from the
home and a usable yard area.
Resolution 2000-456
File 20130
Page 2
b. This through lot, which abuts an arterial street, creates a somewhat unique condition.
A typical lot requires swimming pools to be set back six feet from the rear lot line
rather than 50 feet, and a through lot located backing up to a collector or local street
requires swimming pools to be set back 25 feet. This condition is not generally
applicable to other properties in the RSF-2 zoning district. In addition, this condition
is not uniformly applicable to all properties along Schmidt Lake Road. This is because
the 50 -foot setback does not apply in areas where there is a trail outlot between the
homes and the Schmidt Lake Road right-of-way. Several homes located to the east
(between Larch Lane and Ives Lane, north of Schmidt Lake Road) could have a
swimming pool six feet from their rear lot lines because there is a trail outlot between
those homes and Schmidt Lake Road. There is a trail running along Schmidt Lake
Road adjacent to the subject property, however, that trail is not located in an outlot.
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 owners.
d. The hardship was not created by the applicants, but rather results from the condition
of the through lot, which does not provide for adequate space for a swimming pool
unless a variance is granted.
e. Granting the variance would not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood. The boulevard between the south
lot line of the subject lot and the traveled roadway of Schmidt Lake Road is 24 feet,
meaning the swimming pool would be located 51.5 feet from the north curb line of
Schmidt Lake Road. In addition, the in -ground pool will not be seen from Schmidt
Lake Road due to an existing six-foot high fence and large landscaped berm that
would screen the pool from the public street.
f. The variance would not impair an adequate supply of light and air to adjacent
properties, nor would it substantially increase congestion of public streets, increase the
danger of fire, 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 owners to install a swimming pool in a manner that
provides an adequate setback from the home and a usable yard area.
3. Prior to installation of the swimming pool, the applicants shall obtain a building permit for
the swimming pool.
4. 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.
Resolution 2000-456
File 20130
Page 3
ADOPTED by the City Council on September 26, 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 September 26, 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