HomeMy WebLinkAboutCity Council Resolution 2017-089
C ITY OF P LYMOUTH
R ESOLUTION N O. 2017-089
R ESOLUTION A PPROVING A V ARIANCE TO I MPERVIOUS S URFACE C OVERAGE
TO A LLOW AN A DDITION AND D RIVEWAY R ECONFIGURATION FOR P ROPERTY L OCATED
AT 2635 W EST M EDICINE L AKE D RIVE (2017002)
WHEREAS, Thomas and Elaine Chirhart have requested approval of a variance for an addition to
the south side of the home; and,
WHEREAS, the subject property is legally described as Lots 7, 8 and 9, Block 1, Elmhurst
Lakeview, according to the recorded plat thereof, Hennepin County, Minnesota; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting,
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and does approve the request by Thomas and Elaine Chirhart for a variance
for property located at 2635 West Medicine Lake Drive, subject to the following findings and conditions:
1. The requested variance is hereby approved to allow 28.5 percent impervious surface
coverage where a maximum of 25 percent is allowed, in accordance with the application
received by the city on January 9, 13 and 20, 2017, except as may be amended by this
resolution.
a. The request for the addition is consistent with the residential uses listed for this land use
classification in the comprehensive plan.
b. Permitting the addition allows the property to be used in a reasonable manner.
c. The applicants have established that the existing slopes on the property are a practical
difficulty that is unique to this property.
d. The plight of the landowners is unique and not self-created.
e. The variance, if granted, would not alter the essential character of the locality. The
neighborhood is fully developed. Additionally, the applicants propose to landscape the
slopes to encourage storm-water infiltration and prevent erosion similar to a landscaping
project they completed in 2013.
f. The purpose for the variation is not based exclusively on economic considerations; but
rather, the variance is requested to make improvements to the home to make it more
livable for the current occupants.
g. Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. Allowing the extra pavement near the garage
to allow vehicles to drive forward to West Medicine Lake Drive improves visibility and
safety.
h. The proposed addition 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.
i. The variance requested is the minimum action required to address or alleviate the
practical difficulties.
2. A building permit is required prior to construction of the addition and retaining walls over
four feet.
3. Prior to issuance of the permit, the applicant shall remove the shed and concrete patio
from the property and call for an inspection.
4. The applicant shall move the wooden deck that currently straddles the property line to a
conforming location a minimum of six feet from the side and rear property lines.
5. A three-foot fence is required to be constructed on top of any retaining walls over four feet.
6. The turnaround and all walls shall be constructed on the applicants’ property. No
improvements may be installed in the public right-of-way.
7. Any subsequent phases or expansions are subject to required reviews and approvals per
ordinance provisions.
8. The variance shall expire one year after the date of approval, unless the applicants have
commenced the authorized improvement or use, or unless the applicants have 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 this 28th day of February, 2017.
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
February 28, 2017 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