RESO 25-024 - Approving Variance at 6601 Plymouth AvenueRESOLUTION NO. 25-024
A RESOLUTION APPROVING VARIANCE AT 6601 PLYMOUTH AVENUE
WHEREAS, the ordinance from which Golden Valley City Code Section 113-149 -
Shoreland Management is derived is adopted pursuant to the authorization contained in the
Laws of Minnesota 1973, Chapter 379, and in furtherance of the policies declared in Minn.
Stats. chs. 103G, 115, 116 and 462; and
WHEREAS, the State Legislature has delegated responsibility to the municipalities of the
State to regulate the subdivision, use and development of the shorelands of public waters
and for purposes of preserving and enhancing the quality of surface waters, preserving the
economic and natural environmental values of shorelands, and providing for the wise
utilization of waters and related land resources; and
WHEREAS, Paul Patton and Barbara Pierson, the homeowners at 6601 Plymouth Avenue
North, request a variance to reduce the structure setback from the ordinary high water mark
for General Development Waters (Bassett Creek) in order to expand an existing deck into a
three-season porch; and
WHEREAS, the proposed variance is situated upon lands in Hennepin County, Minnesota,
legally described in “Exhibit A”; and
WHEREAS, on February 25, 2025, the Golden Valley Board of Zoning Appeals held a
public hearing on the application; and
WHEREAS, at the February 25 meeting the Board of Zoning Appeals voted 2 -1 to deny the
variance request; and
WHEREAS, within 30 days of the final order of the Board of Zoning Appeals, the applicant
has filed a written appeal with the designated staff liaison, thereby appealing the decision of
the Board of Zoning Appeals to the City Council; and
WHEREAS, based on the testimony, evidence presented, and files and records, the City
Council determined that the requested variance meets the requirements of City Code
Section 113-27(c) necessary to be met for the City Council to grant variances, and makes
the following findings:
1. The property is currently a single-family residence. The proposed three-season
porch in the rear yard is a reasonable use for this type of property.
2. The recent revisions to the shoreland overlay area, along with the location of the
existing house and deck, constructed before the current shoreland overlay border,
constitutes a unique circumstance on the property. If the shoreland overlay border
had not changed after the house and deck were constructed, or if the house and
deck were constructed to comply with the current setback line, the proposed three
season porch would meet shoreland setback requirements.
Docusign Envelope ID: 196E6A6B-EF12-4F6E-BC65-4B98DDA3A09D
3. The variance, if granted, would not alter the essential character of the locality
because the addition of a covered porch in the place of the existing second story
deck does not significantly change the visual character nor the function of the creek.
4. The practical difficulties in the applicant’s request are not solely due to economic
considerations.
5. The variance will not permit a use not allowed in the zoning district where the
property is located.
6. The variance is in line with the purpose of the R-1 district, which is “to provide for
detached single-family dwelling units at a low density along with directly related and
complementary uses.”
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
GOLDEN VALLEY, MINNESOTA that this Council adopts Resolution No. 25-024 approving
the variance request to reduce the shoreland setback distance at 6601 Plymouth Avenue
based on the findings stated above with the following conditions:
1. Remove impervious surfaces that drain toward the stream in an amount equal to or
greater than the amount being added by the project requiring a variance.
Documentation indicating square footage of removals shall be submitted to the City’s
Engineering and Environment Division within 60 days of project construction.
2. Preserve and maintain the BCWMC restoration project buffer line of 10 feet from the
OHWL to comply with City Code and BCWMC policy. If the existing buffer does not
meet these requirements, the buffer must be re-established or expanded to widths of
at least 10 feet from the OHWL to mitigate the impacts of the variance.
3. Plant three climate-resilient, native trees and/or shrubs to help visually screen the
porch as viewed from the stream and to manage stormwater runoff from impervious
surfaces within 120 days of building permit issuance. The landscaping shall be
approved by the City’s Engineering and Environment Division prior to planting and
may be counted towards the requirements of condition #4.
4. Construct and plant a rain garden to capture and filter stormwater runoff from the
new and existing impervious surfaces, in a manner acceptable to the City Engineer
or their designee.
Adopted by the City Council this 1st day of April, 2025.
_____________________
Roslyn Harmon, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
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