HomeMy WebLinkAboutCity Council Resolution 2014-341CITY OF PLYMOUTH
RESOLUTION No. 2014-341
A RESOLUTION APPROVING A VARIANCE FOR DONALD HEFNER FOR
PROPERTY LOCATED AT 3190 XANTHUS LANE (2014098)
WHEREAS, Donald Hefner has requested approval of a variance to allow fencing through a
portion of an existing rain garden in the rear yard of property located at 3190 Xanthus Lane; and
WHEREAS, the subject property is legally described as Lot 1, Block 1, Churchill Ridge, 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 Donald Hefner for a
variance to allow fencing through a portion of an existing rain garden in the rear yard of property
located at 3190 Xanthus Lane, subject to the following findings and conditions:
1. The requested variance is hereby approved, in accordance with the application and plans received
by the City on October 1, 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. Specifically,
a. The requested variance and resulting four -foot high ornamental aluminum fence 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 demonstrated that there are practical difficulties in complying with the
regulation, because:
1. the applicant proposes to use the property in a reasonable manner;
2. the request is due to unique circumstances not created by the applicant; and
3. the variance and resulting fence would not alter the essential character of the lot or
neighborhood.
C. The requested variance is not based exclusively upon economic considerations, but rather, is
required to allow the applicant to fully enclose his rear yard area with fencing for the safety
and enjoyment of his rear yard area.
d. The variance and resulting fence would not be detrimental to the public welfare, nor would it
be injurious to other land or improvements in the neighborhood. The design and materials for
the ornamental aluminum fence would not obstruct the flow of storm water.
Resolution 2014-341
(2014098)
Page 2
The variance and resulting fence would not impair an adequate supply of light and air to
adjacent properties, nor would it increase traffic congestion or the danger of fire, endanger
the public safety, or substantially diminish property values within the neighborhood. The
fencing height, design, and materials would match an existing rear yard fence located two lots
to the south.
The variance requested is the minimum action required to address the practical difficulties.
The proposed fence would comply with all other city regulations.
3. A separate fence permit is required prior to installation of the fence. The fence permit application
shall indicate a minimum 12 -foot wide gate opening in the fence on the south side of the home to
provide for a maintenance access. The fencing shall not conflict with existing storm water pipes or
catch basins.
4. As with all fences located within a drainage and utility easement, if the city would ever need to
access the rain garden or catch basin within the rain garden via the easement, the city could
remove portions of the fencing without being required to replace it.
5. The rain garden and its vegetation must be maintained in its current well-groomed condition.
Elevations of the rain garden shall not be affected by installation of the fencing.
6. The variance shall expire one year after the date of approval, unless the property owner or
applicant has substantially started construction of the project, or unless the applicant, with the
consent of 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 by the City Council on this 10th day of November, 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
November 10, 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