HomeMy WebLinkAboutCity Council Resolution 2022-174
C ITY OF P LYMOUTH
R ESOLUTION N O. 2022-174
R ESOLUTION A PPROVING A V ARIANCE FOR B RITTA R ETRUM FOR
P ROPERTY L OCATED AT 17330 C OUNTY R OAD 24 (2022040)
WHEREAS, Britta Retrum has requested approval of a variance for a six-foot high privacy fence
and gate to be in a front yard; and
WHEREAS, the subject property is legally described as:
That part of the northwest 1/4 of Section 20, Township 118, North Range 22, West of the 5th
Principal Meridian, described as follows: Commencing at the southwest corner of said northwest
1/4 of Section 20; thence north along the west line of said northwest 1/4 a distance of 638.86
feet, (said west line having an assumed bearing of due north for purposes of this description);
thence north 57 degrees 20 minutes east a distance of 234.53 feet to the actual point of
beginning of land to be described; thence continuing north 57 degrees 20 minutes east a
distance of 112.47 feet; thence south 44 degrees 42 minutes east a distance of 362.00 feet,
more or less, to the center line of County Road No. 24; thence southwesterly along the
centerline of said County Road to the intersection with a line bearing south 44 degrees 42
minutes east from the point of beginning; thence north 44 degrees 42 minutes west more or
less, to the point of beginning, except that part thereof taken for County Road No. 24;
AND
Outlot A, Windsong, 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 hereby does approve the request by Britta Retrum for a variance to
allow the installation of a six-foot high privacy fence and gate in the front yard, where the maximum
height specified for fences within a front yard is 3.5 feet high if solid or up to 4.5 feet high if less than 50
percent opacity, for property located at 17330 County Road 24, subject to the following:
1. The requested variance for a six-foot high fence and gate in the front yard, located at least 25 feet
from the front property line, in accordance with the application and plans received by the City on
May 17, 2022, and additional information on June 2, 2022, except as may be amended by this
resolution.
2. The requested variance is approved, based on the finding that the applicable variance standards
would be met, specifically:
Resolution 2022-174
(2022040)
Page 2
a) The requested variance would be in harmony with the general purposes and intent of the
ordinance and would be consistent with the City’s comprehensive plan.
b) The applicant has demonstrated that there are practical difficulties in complying with the
ordinance regulations, because:
1. The applicant proposes to use the property in a reasonable manner.
2. The request is due to unique circumstances that were not created by the applicant. It
would allow a fence to be installed behind an existing hedge row, which was planted prior
to the applicant purchasing the property, which would screen the view of the fence from
the public street.
3. The variance would not alter the essential character of the lot or neighborhood.
c) The variance request is not based upon economic considerations. The applicant is requesting
the variance to address a need for safety and noise mitigating purposes along an arterial
roadway.
d) The variance, and its resulting construction, would not be detrimental to the public welfare,
nor would it be injurious to other land or improvements in the neighborhood. The fence would
be screened from the public street by an existing hedge row.
e) The variance would not impair an adequate supply of light and air to adjacent properties, nor
would it increase traffic congestion or the danger of fire, endanger the public safety, or
substantially diminish property values within the neighborhood.
f) The variance requested is the minimum action required to address the practical difficulties to
allow for addressing safety concerns and noise mitigating purposes.
3. A separate fence permit is required prior to the commencement of the project.
4. Prior to the issuance of a fence permit, the applicant shall consolidate the two properties through
Hennepin County, if any portion of the fence or gate will cross the property line into Outlot A,
Windsong.
5. The approved gate is up to six-foot high, wrought iron style, swinging gate, which is operated
manually. Any proposed electrical gate or components would require a separate electrical permit.
6. House address numbers shall be placed in a location visible from County Road 24 either on the
street side of the fence or gate, or high enough on the house or garage.
7. The variance shall expire one year after the date of approval, unless the property owner or
applicant has commenced the authorized improvement or use, or unless the applicant, with the
consent of the property owner, 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 2022-174
(2022040)
Page 3
APPROVED by the City Council this 28th day of June 2022.
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
June 28, 2022, 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