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HomeMy WebLinkAboutCity Council Resolution 1987-321CITY OF PLVHiWH Pursuant to due call and notice thereof, a Regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the^ 1day of _ May 19_j The following members were present: Mayor Schneider, Councilmembers r- Cain, Sisk Vasiliou and Zitur _ The following members were absent: none •tom rrK rr� Councilmember Sisk introduced the following Resolution and moved Its adoption: RESOLUTION NO. 87- 321 RESOLUTION AUTHORIZING LETTER RESCINDING PREVIOUS ADMINISTRATIVE ORDER WHEREAS, Raymond Moles, 11200 46th Avenue North, was issued an administrative order to remove, relocate, or modify the height of a 6 ft. fence constructed In the required front yard to achieve compliance with the Zoning Ordinance; and, WHEREAS, following appeals of that order to the Board of Zoning Adjustments and Appeals and the City Council, Mr. Moles served a Summons d Complaint upon the Mayor and City Council members contesting the rulings by the Board of Zoning Adjustments and Appeals and City Council; and, claiming that the fence was not in violation of the Zoning Ordinance provisions in effect at the time the fence was erected; and, WHEREAS, the City Council did review and clarify the Zoning Ordinance fence standards as a result of the appeal and did review the subsequent Notice of intended litigation with the City Attorney; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF °LYMOUTH, MIN- NESOTA, that it should and hereby does direct the City Manager to have a letter pre- pared and sent to Mr. Raymond Moles, rescinding the original administrative order to relocate the fence or reduce the height of the fence erected In the front yard at 11200 46th Avenue North; FURTHER, be it hereby resolved that this direction is based upon the finding that the Zoning Ordinance fence standards were not clear as to the definition of required front yard at the time this fence was erected; the Zoning Ordinance standards have since been clarified. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Zitur , and upon vote being taken thereon, the following voted in favor thereof:r c Heider Councilmembers Crain Sisk a iliou and ZitUr The following voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted.