HomeMy WebLinkAboutCity Council Resolution 2004-338CITY OF PLYMOUTH
RESOLUTION 2004-338
APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN EXISTING 7.5 -
FOOT HIGH FENCE TO REMAIN ON PROPERTY LOCATED AT 18900 12TH
AVENUE NORTH (2004082)
WHEREAS, Sanders Ackerberg has requested a conditional use permit to allow an
existing 7.5 -foot high fence on property legally described as follows:
That part of the south 30 feet of Government Lot 6, Section 30, Township 118, north
Range 22, west of the 5th principal meridian and of the north 270 feet of the northwest
quarter of the northwest quarter of Section 31, Township 118, north Range 22, west of
the 5t" principal meridian described as follows:
Commencing at a point on the west line of said Section 30, 358.38 feet north of the
southwest corner of said Section 30, thence south 87 degrees 15 minutes east a distance
of 635.58 feet to a point hereinafter referred to as the "reference point"; thence south 8
degrees 42 minutes east to a point on a line parallel with and 30 feet measured at right
angles north from the south line of said Section 30, said point being the point of beginning
of the land hereby conveyed; thence south 8 degrees 42 minutes east to a point 500.28 feet
distant from the aforesaid reference point; thence south 32 degrees 07 minutes east to a
point on a line parallel with and 270 feet measured at right angles south from the north line
of said Section 31; thence west on a line parallel with and 270 feet measured at right
angles south from said north line of said Section 31 to the west line of said Section 31;
thence north along said west line of said Section 31 a distance of 300 feet; thence east
along a line parallel with and 30 feet north measured at right angles from the south line of
said Section 30 to the point of beginning. Except that part of the south 30 feet of
Government Lot 6, Section 30, Township 118, north Range 22, west of the 5t1' principal
meridian, and of the north 270 feet to the northwest quarter of the northwest quarter of
Section 31, Township 118, north Range 22, west of the 5t1' principal meridian, lying
westerly of a line drawn parallel with and 453 feet at right angles easterly from the west
line of said northwest quarter of the northwest quarter of said Section 31, Township 118,
north Range 22, west of the 5t1' principal meridian.
Resolution 2004-338
(2004082)
Page 2 of 3
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 Sanders Ackerberg for a conditional use permit to allow an existing 7.5 -foot
high fence to remain on the property, subject to the following conditions:
1. A conditional use permit to allow an existing 7.5 -foot high fence, as shown on the
application and plans received by the City on June 28, 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 a fence, as well as all applicable general
conditional use permit standards, as follows:
a) The fence would be consistent with the Comprehensive Plan; fences are standard
improvements found on residential properties.
b) The fence would not be detrimental to, or endanger the public health, safety,
morals, or comfort.
c) The fence would not be injurious to the surrounding properties or to the City as a
whole.
d) The fence would not impede the orderly development of the district.
e) The site is adequately served by public facilities.
f) The fence would comply with all requirements of the ordinance and an is
permitted with approval of a conditional use permit.
3. 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) 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 24, 2004.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
Resolution 2004-338
(2004082)
Page 3 of 3
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 24, 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