HomeMy WebLinkAboutCity Council Resolution 2023-051
C ITY OF P LYMOUTH
R ESOLUTION N O. 2023-051
R ESOLUTION A PPROVING A V ARIANCE FOR R OBERT M UELLER FOR
P ROPERTY L OCATED AT 17145 9 TH A VE N (2022 085)
WHEREAS, Robert Mueller has requested approval of a variance for an eight foot tall fence that
would be located along the east side yard lot line abutting 17143 9th Ave N, where six and a half feet is
otherwise specified; and
WHEREAS, the subject property is legally described as Lot 9, Block 2, City View Acres 2nd Unit,
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 Robert Mueller for a variance to
allow an eight-foot-high fence that would be in the side yard of the property abutting 17143 9th Ave N,
where 6.5 feet is otherwise specified, for property located at 17145 9th Ave N, subject to the following:
1. The requested fence variance is hereby approved, in accordance with the application and plans
received by the City on December 2, 2022, except as may be amended by this resolution.
2. The requested variance is approved, based upon the finding that the applicable variance standards
would be met, specifically:
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 applicants have demonstrated that there are practical difficulties in complying with the
ordinance regulations, because:
1. The applicants propose to use the property in a reasonable manner.
2. The request is due to the neighboring construction plans not created by the applicants.
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 applicants are requesting
the fence variance to ensure their right to privacy on their property.
d) The variance would not be detrimental to the public welfare, nor would it be injurious to other
land or improvements in the neighborhood.
Resolution 2023-051
(2022085)
Page 2
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.
3. The fence shall be maintained in a good state of repair.
4. Prior to installation of the fence, the applicants shall obtain the required fence permit and building
permit.
5. 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.
APPROVED by the City Council this 14th day of February, 2023.
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 14, 2023, 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