HomeMy WebLinkAboutCity Council Resolution 2013-188CITY OF PLYMOUTH
RESOLUTION No. 2013-188
A RESOLUTION APPROVING VARIANCES
FOR THE TERRA VISTA HOMEOWNERS' ASSOCIATION
TO ALLOW A FIVE-FOOT FENCE AND A POOL DECK IN A FRONT YARD
AT 16605 59T" AVE (2013044)
WHEREAS, the Terra Vista Homeowners' Association has requested approval of a
variance to allow a five-foot fence and a pool deck closer to the front property line than allowed
by ordinance; and
WHEREAS, the subject property is legally described as Lot 1, Block 6, TERRA VISTA,
according to the recorded plat, Hennepin County, Minnesota.
WHEREAS, the Planning Commission has reviewed said request at a duly called public
meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the
request by the Terra Vista Homeowners' Association for a variance to a five-foot high fence 10
feet from the front property line and a pool deck 17 feet from the front property line where the
ordinance requires 25 feet at 16605 59th Avenue, subject to the following:
I. The requested variances are hereby approved, in accordance with the application received
by the city on May 21 and June 5, 2013, except as may be amended by this resolution.
2. The requested variances are approved, based on the finding that all applicable variance
standards would be met, as follows:
a) The variances and resulting improvements 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 established that there are practical difficulties in complying with the
ordinance. "Practical difficulties" means that:
1. Adding the swimming pool decking and related fencing in the front yard area of this
lot allows the property to be used in a reasonable manner.
2. The plight of the landowner is unique to the circumstances of this request as few
lots in single-family neighborhoods are used exclusively for amenities benefitting
an entire homeowners association.
c. The purpose for the variation is not based exclusively on economic considerations.
Resolution 2013-188
(2013044)
Page 2
d. The variance would not alter the character of the neighborhood. Granting the variance
would not be detrimental to the public welfare or injurious to other land or improvements
in the neighborhood. The proposed fence 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.
e. The variance request is the minimum action required to address or alleviate the practical
difficulties.
3. A fence permit is required prior to installation of the fence.
4. Prior to the issuance of a fence permit, the applicant shall submit a detail indicating an
exit sign to be installed on the inside of any gates. The sign shall be 12 inches by 18 inches
and say "EXIT" in capital letters.
5. All gates installed with the fence shall be self-closing and self -latching and capable of being
locked.
6. 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.
ADOPTED on June 25, 2013.
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 25, 2013, 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