HomeMy WebLinkAboutCity Council Resolution 2003-332CITY OF PLYMOUTH
RESOLUTION 2003-332
APPROVING A VARIANCE TO ALLOW A SIX-FOOT FENCE IN THE FRONT
PROPERTY LINE FOR MOHAMED RAMADAN FOR PROPERTY LOCATED AT 14015
ROCKFORD ROAD (COUNTY ROAD 9) (2003042)
WHEREAS, an application has been filed by Mohamed Ramadan requesting approval of a
variance for a 6 -foot fence 16.5 feet from the front property line where the Zoning Ordinance
requires a 50 -foot setback, and
WHEREAS, the subject property is legally described as follows:
The east 130 feet of the west 805 feet of the north 330 feet of the northwest quarter of the
southwest quarter of section 15, township 118, range 22, except the road, Hennepin
County, Minnesota.
WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting
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 of
Mohamed Ramadan approving a variance for a six-foot fence 16.5 from the front property line,
for property located at 14015 Rockford Road., subject to the following findings and conditions:
1. This variance is granted in accordance with the plans received by the City on April 21, 2003,
except as may be amended by this resolution.
2. The variance is granted contingent upon approval of the vacation of 10.5 feet of the perpetual
roadway easement.
3. The variance is granted based upon findings that the applicable variance standards have been
met, as follows:
Resolution 2003-332
(2003 042)
Page 2
a. The City has a perpetual easement over all but 27.4 feet of the applicant's front yard.
Therefore, the applicant could not install a six-foot privacy fence in the front yard in
compliance with the Zoning Ordinance.
b. New single-family homes are not permitted direct access to arterials and major collectors.
Therefore, the applicant's situation is unique and not applicable generally to other
property within the same zoning classification.
c. The request is not based upon a desire to increase the value or income potential of the
property but rather to increase the livability of the home and improve a safety concern.
d. The hardship is caused by the Zoning Ordinance and was not self-created. The distance of
the proposed fence from the paved roadway and the trail was not anticipated by the
regulations in the Zoning Ordinance.
e. Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood.
f. Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. The fence would be constructed at a distance
from the public right-of-way which would not impact motorists view as they enter
Rockford Road from the adjacent properties to the north or south, nor would their view of
pedestrians on the trail be compromised. Because the fence would be 30 feet from the
trail, the applicant would have ample room to pull off Rockford Road while opening the
gate across their drive.
g. The applicant has requested the minimum variance to eliminate the hardship. The location
of the proposed fence does not appear to be excessive when compared to the size of the
roadway easement and the location of Rockford Road. The requested variance strikes a
balance between the intent of the setback regulations and the applicant's desire to protect
his family.
4. A fence permit shall be obtained prior to installation and the request shall meet all the
requirements of Section 21130, except those specifically mentioned in this resolution.
5. This approval shall expire one year after the date of approval, unless the applicant has
substantially started construction of the project, or unless the applicant 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 August 12, 2003.
Resolution 2003-332
(2003 042)
Page 3
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 12, 2003, 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