HomeMy WebLinkAboutCity Council Resolution 2014-243CITY OF PLYMOUTH
RESOLUTION No. 2014-243
A RESOLUTION APPROVING A VARIANCE FOR DRYWALL SUPPLY, INC. TO ALLOW AN
EIGHT -FOOT PRIVACY FENCE AT 9700 13TH AVENUE NORTH (2014048)
WHEREAS, Drywall Supply, Inc. has requested approval of a variance to allow an eight -foot fence
closer to the front property line than allowed by ordinance; and
WHEREAS, the subject property is legally described as Tracts A and B, Registered Land Survey
No. 1251, Hennepin County, Minnesota; and
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Drywall Supply, Inc. for
a variance to allow an eight -foot fence 44 feet from the front property line where the ordinance
requires 50 feet at 9700 13th Avenue, subject to the following:
1. The requested variance is hereby approved, in accordance with the application received by the city
on June 10, 2014, except as may be amended by this resolution.
2. The requested variance is approved, based on the finding that all applicable variance standards
would be met, as follows:
a) The variance and resulting improvements would be in harmony with the general purposes and
intent of the ordinance, and would be consistent with the city's comprehensive plan.
b) The applicant has established that there are practical difficulties in complying with the
ordinance. "Practical difficulties" means that:
1. Providing the additional fencing in the front yard area of this lot allows the property to be
used in a reasonable manner.
2. The plight of the landowner is unique as the subject property is a corner lot with two front
yards in the heavy industrial zoning district.
3. The variance, if granted, would not alter the essential character of the locality; it would
improve the safety and efficiency of the incoming and outgoing freight and screen the
existing loading area from adjacent properties.
c. The purpose for the variation is not based exclusively on economic considerations.
Resolution 2014-243
(2014048)
Page 2
d. Granting the variance would not be detrimental to the public welfare or injurious to other land
or improvements in the neighborhood.
e. The proposed fence would not impair an adequate supply of light and air to adjacent properties,
nor would it substantially increase congestion of public streets, increase the danger of fire,
endanger the public safety, or substantially diminish or impair property values within the
neighborhood.
f. The variance request is the minimum action required to address or alleviate the practical
difficulties. The end result would be increased safety in the outdoor storage area and screening
of the existing loading area.
3. A building permit is required prior to installation of the fence.
4. All gate locations shall be a minimum 20 -foot clear opening.
5. All gate opening operations shall be approved by the fire inspector.
6. Fire lane signs are required in approved locations as identified in the field by the fire inspector.
7. The variance shall expire one year after the date of approval, unless the property owner or
applicant has commenced the authorized improvement or use, or unless the applicant, with the
consent of the property owner, 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 on July 22, 2014.
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
July 22, 2014, 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