HomeMy WebLinkAboutCity Council Resolution 2004-316CITY OF PLYMOUTH
RESOLUTION 2004-316
APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION
OF AN 8 -FOOT HIGH FENCE FOR PROPERTY LOCATED AT 16110 14TH
AVENUE NORTH (2004069)
WHEREAS, Mark and Christine Litchy have requested a conditional use permit to allow
constriction of an 8 -foot high fence for property located at 16110 14"' Avenue North on
property legally described as follows:
Lot 10, Block 1, Zinal Second, Zinal Second Addition, Hennepin County, Minnesota.
WHEREAS, the Planning Commission has reviewed said request at a duly called Public
Hearing, and recommends 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 by Mark and Christine Litchy for a conditional use permit to allow constriction of
an 8 -foot high fence, subject to the following conditions:
1. A conditional use permit allows constriction of an 8 -foot high fence, as shown on the
application and plans received by the City on June 15, 2004, except as may be
amended by this resolution.
2. The conditional use permit is approved with the finding that the proposed fence meets
the specific ordinance standards for an eight -foot fence as well as all applicable general
conditional use permit standards, as follows:
a) The proposed fence would be consistent with the Comprehensive Plan; fences are
standard improvements found on residential properties. The proposal would
allow improvement of the property for the enjoyment of the property owners.
b) The proposed fence would not be detrimental to, or endanger the public health,
safety, morals, or comfort.
Resolution 2004-316
(2004069)
Page 2 of 2
c) The proposed fence would not be injurious to the surrounding properties or to
the City as a whole. Due to the gradual slope of the property, the 8 -foot high
fence would not be noticeably different from a standard 6 -foot high fence.
d) The proposal would not impede the orderly development of the district.
e) The site is adequately served by public facilities.
f) The proposed fence would comply with all requirements of the ordinance and an
is permitted with approval of a conditional use permit.
3. A fence permit is required for all fencing prior to installation on the site. A building
permit is required before constriction of the 8 -foot fence. To ensure stability of the 8 -
foot high fence, the applicant shall provide a design that has been approved by a
structural engineer showing that the fence will withstand a 90 mile per hour wind.
4. Standard Conditions:
a) The permit is subject to all applicable codes, regulations and ordinances, and
violation thereof shall be grounds for revocation.
b) Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
c) The permit is subject to all applicable codes, regulations and ordinances, and
violation thereof shall be grounds for revocation.
d) This approval shall expire one year after the date of approval, unless the property
owner or applicant has substantially started constriction of the project, or unless
the landowner or applicant has received prior approval from the City to extend the
expiration date for up to one additional year, as regulated under Section 21015.07
of the Zoning Ordinance.
ADOPTED by the City Council on August 10, 2004.
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 August 10, 2004 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