HomeMy WebLinkAboutCity Council Resolution 2014-272CITY OF PLYMOUTH
RESOLUTION No. 2014-272
RESOLUTION APPROVING A VARIANCE TO ALLOW A SIX-FOOT PRIVACY FENCE AT
1125, 1135 AND 1205 NATHAN LANE NORTH (2014062)
WHEREAS, Hedberg Aggregates, Inc. has requested approval of a variance to allow a six-foot
fence with gabion sections closer to the front property line than allowed by ordinance; and
WHEREAS, the subject property is legally described as Tracts A, Registered Land Survey No.
1663, Hennepin County, Minnesota and Lot 2, Block 1, Nathan Lane Associates, according to the
recorded plat thereof, 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 Hedberg Aggregates,
Inc. for a variance to allow a six-foot fence with gabion sections closer to the front property line than
allowed by ordinance at 1125, 1135, and 1205 Nathan Lane, subject to the following:
1. The requested variance is hereby approved, in accordance with the application received by the city
on June 25 and July 7 and 14, 2014, except as may be amended by this resolution.
2. The applicant shall adjust the fence location as follows and enhance the landscaping in front of the
fence:
a. On the south side of the 1125 building, the fence shall be no closer to the front property line
than the existing building and
b. On the north side of the 1125 building, the fence shall follow the edge of the existing parking lot
and continue on the same plane north of the driveway.
3. With the changes required in Condition 2, the requested variance is approved, based on the finding
that all applicable variance standards would be met, as follows:
a.The resulting fence with gabion sections would be in harmony with the general purpose and
intent of the zoning ordinance to allow well-designed sites and would be consistent with the
comprehensive plan.
b.The applicant proposes to use the property in a reasonable manner.
c.The plight of the landowner is unique as the building and parking areas for 1125 Nathan Lane
were constructed 11 feet from the Nathan Lane right-of-way. To screen the parking, the
applicant would need to construct the fence closer than 50 feet from the right-of-way.
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d.The variance, if granted, would not alter the essential character of the locality. The fence design
is comparable to other fences the zoning ordinance allows for screening purposes, ie. chain
link with privacy slats.
e.The purpose for the variation is not based exclusively on economic considerations. The
applicant states the purpose of the request is to improve the appearance of the property.
f. Granting the variance would not be detrimental to the public welfare or injurious to other land
or improvements in the neighborhood. Vehicles exiting the northernmost driveway on the
property at 1035 Nathan Lane would have clear visibility of on -coming traffic as Nathan Lane
curves east to connect to 13th Avenue.
g.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.
h.The variance request is the minimum action required to address or alleviate the practical
difficulties. The end result would be an approved appearance of the property from Nathan
Lane.
4. The applicant shall install address signage in approved locations at the street entrance to each site.
5. The applicant shall submit an administrative permit application for the additional outdoor display
of products on the 1125/1135 Nathan Lane property.
6. 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 this 26th day of August, 2014.
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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 26, 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