HomeMy WebLinkAboutCity Council Resolution 2004-504CITY OF PLYMOUTH
RESOLUTION 2004-504
APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF
AN 8 -FOOT HIGH FENCE FOR PROPERTY LOCATED AT 324 VINEWOOD LANE
NORTH (2004132)
WHEREAS, Jennifer Dunn has requested a conditional use permit to allow constriction
of an 8 -foot high fence for property located at 324 Vinewood Lane North on property
legally described as follows:
That part of Lot 9, "Greers Orchard Tracts, Hennepin County, Minnesota" lying
southwesterly of the following described line:
Commencing at the southeast corner of said Lot 9; thence north along the east line
of said Lot 9 a distance of 110.00 feet to the point of beginning of said line to be
described; thence deflecting to the left 70 degrees 00 minutes a distance of 338
feet more or less to the west line of said Lot 9 and there terminating.
Except that part of said Lot 9 described as follows:
Beginning at the southwest corner of said Lot 9; thence east along the south line
thereof 200 feet; thence north at right angles 75.00 feet; thence west parallel with
said south line to the west line of said Lot 9; thence southerly along said west line
to the point of beginning.
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 Jennifer Dunn 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 September 24, 2004, except as may be
amended by this resolution.
Resolution 2004-504
(2004132)
Page 2 of 2
2. The conditional use permit is approved with the finding that the proposed fence meets
the specific ordinance standards for an 8 -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 and increased privacy for the property owner.
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 immediately surrounding
properties or to the City as a whole. The 8 -foot high wood fence would be
consistent with the surrounding area given the elevated grade on the adjacent lot
to the north.
d) The proposal would not impede the orderly development of the district.
e) The site is adequately served by public facilities.
f) The Zoning Ordinance permits 8 -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 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) 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 December 14, 2004.
Resolution 2004-504
(2004132)
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 December 14, 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