HomeMy WebLinkAboutCity Council Resolution 1997-317•
CITY OF PLYMOUTH
RESOLUTION 97 317
APPROVING FENCE HEIGHT VARIANCE FOR ALDEN AND JEAN RANISATE
FOR PROPERTY LOCATED AT 1640 OAKVIEW LANE NORTH (97038)
WHEREAS, an application has been filed by Alden and Jean Ranisate Welch requests
approval of a Variance to allow comutiction of an eight -foot high solid wood fence in the
host yard ares, where the maximum fence height allowed is three fat, for property
legally described on Attachment A, attached hereto and hereby made a part hereof; and
WHEREAS, the Planning Commission has reviewed the request at a duly called Public
Hearing and recon nrnends approval.
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 of Alden and Jean Ranisate for a fence height Variance for property located at
1640 Oakview Lane North, subject to the following conditions:
1. This fence height Variance request is hereby approved in accordance with the plans
received by the City on April 8, 1997, except as amended by this resolution.
2. This resolution ;s approved with the finding that the applicable Variance standards arc
met. Specifically:
a) The traffic noise creates an unduk- hardship which negatively affects the use and
livability of the property.
b) The hardship was not created by the applicants, but rather results from the
physical proximity of the home to the highway — which has steadily and
dramatically increased in traffic volumes over the past 37 years while the
applicants have owned the home.
c) The home is situated closer to Highway 55 than the other homes in the area, is
situated at roughly the same elevation as the highway, and there are no other
homes located to the south or west, making this home more exposed to the noise,
aid also creating a unique situation that is not shared by other homes in the area.
d) The Variance request is not based on a desire to increase the property values.
e) The proposed fence would not be detrimental to the public welfare or injurious to
other properties. nor would it impair an adequate supply of light and air to
adjacent property.
f) The proposed eight -foot fence height is the minimum height needed to alleviate to
the noise problem.
3. A fence permit shall be obtained prior to construction of the fence.
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Resolution 97- 317
(57038)
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4. T he fence may be extended across the existing driveway area in the future if the
applicant provides evidence of a recorded cross -access easement from the
landowner to the south and if the applicant receives City approval to relocate the
driveway to the south.
5. The fence shall be maintained in a good state of repair at all times.
6. This approval shall expire one year after the date of approval, unless the applicant
has substantially stgrW construction of the project, or unless the applicant 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 by the City Council on May 28, 1997.
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 May 28,1997, 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
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Resolution 97- 317
(97038)
Page 3
ATTACHMENT A
(Legal description)
The North 160 feet of the South 235 feet of that part of the northwest quarter of the
southwest quarter of Section 26, Towuhip 118, North, Range 22 West of the 5° Principal
Meridian, described as follows: Beginning at the Southwest comer of said Northwest
quarter of Southwest quarter of Section 26; thence Easterly along the South line a
distance of 649.2 feet to an iron monument; thence Northerly parallel with the West line
of said subdivision a distance of 292 feet to an iron monument, which last described point
shall be the point of beginning of the tract of land to be hereinafter described. Running
from said point of beginning Northerly and parallel with the West line of Oaid subdivision
a distance of 335.5 feet; thence Westerly a distance of 324.6 feet; thence Southerly and
parallel with the West line of said subdivision a distance of 335.5 feet; thence Easterly a
distance of 324.6 feet to the point to the point of beginning, according to the United
States Government Survey thereof, and situate in Hennepin County, Minnesota, being
registered land as is evidenced by Certificate of Title No. 138590.