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HomeMy WebLinkAboutCity Council Resolution 2004-410CITY OF PLYMOUTH RESOLUTION 2004-410 APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 7 -FOOT HIGH FENCE FOR PROPERTY LOCATED AT 18215 24TH AVENUE NORTH (2004117) WHEREAS, Jeff Streeter has requested a conditional use permit to allow constriction of a 7 -foot high fence for property located at 18215 24"' Avenue North on property legally described as follows: Lot 2, Block 2, Imperial Hills Fifth 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 Jeff Streeter for a conditional use permit to allow constriction of a 7 -foot high fence, subject to the following conditions: 1. A conditional use permit allows constriction of a 7 -foot high fence, as shown on the application and plans received by the City on August 30, 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 7 -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. c) The proposed fence would not be injurious to the surrounding properties or to the City as a whole. Resolution 2004-410 (2004117) Page 2 of 2 d) The proposal would not impede the orderly development of the district. The wood fence with the proposed decorative cedar lattice top would be an aesthetic improvement from the existing weathered wood fence. e) The site is adequately served by public facilities. f) The Zoning Ordinance permits 7 -foot high fences in residential districts with approval of a conditional use permit. g) The proposed fence would comply with all performance standards of the ordinance. 3. A fence permit is required for all fencing prior to installation on the site. A building permit is required before constriction of the 7 -foot fence. To ensure stability of the 7 - 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 October 12, 2004. Resolution 2004-410 (2004117) Page 3 of 2 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 October 12, 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