HomeMy WebLinkAboutCity Council Resolution 2002-002CITY OF PLYMOUTH
RESOLUTION 2002-002
APPROVING VARIANCE FOR A SIX-FOOT, TEMPORARY SECURITY FENCE IN
THE FRONT YARDS OF SHADOW HILLS APARTMENTS LOCATED AT THE
NORTHEAST CORNER OF NATHAN LANE AND 45TH AVENUE NORTH FOR SAND
COMPANIES, INC. (20149)
WIffiREAS, an application has been filed by Sand Companies, Inc.which requests approval of a
variance for a six-foot, temporary security fence in the front yards where the Zoning Ordinance
permits a three-foot fence. The variance would allow constriction of a fence on the front
property line of property legally described as follows:
That part of the East 1035.59 feet, as measured at right angles to the east line of the south half of
the south half of the southeast quarter of Section 12, Township 118, Range 22, according to the
Government Survey thereof, lying south of the north 125.00 feet thereof. Except that part which
lies easterly of a line drawn parallel with and distant 30 feet westerly of the following described
line: Beginning at the southeast corner of said Section 12, thence north along the east line of said
section a distance of 610.18 feet; thence west at an angle of 90 degrees a distance of 180.5 feet to
the actual point of beginning of the line to be described; thence deflect left at an angle of 90
degrees and run south parallel with the east line of said Section for a distance of 171.48 feet;
thence deflect right along a tangential curve having a radius of 3819.72 feet (delta angle 3 degrees
48 minutes 50 seconds) a distance of 254.26 feet; thence tangent to said curve a distance of
246.33 feet and there terminating.
and,
Outlot C, Drakeland Business and Technical Center, according to the recorded plat thereof,
Hennepin County, Minnesota;
WI-1EREAS, the Planning Commission has reviewed the request at a duly called public meeting
and recommends approval.
Resolution 2002-002
(20149)
Page 2
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it should and hereby does approve a variance to allow a
six-foot, temporary security fence in the front yard for property located at the northeast corner of
Nathan Lane and 45"' Avenue North, subject to the following findings and conditions:
1. This variance to allow a six-foot, temporary security fence on the front property line is hereby
approved in accordance with the plans and application received by the City on November 29,
2001, except as amended by this resolution.
2. This resolution is approved with the finding that the applicable variance standards have been
met. Specifically:
a. The fence is proposed to be temporary. It would exist only for the duration of
constriction and be removed immediately after;
b. A constriction site can behave as an "attractive nuisance". An attractive nuisance is a
dangerous situation that tempts the ordinary person to approach. Large constriction
equipment and piles of constriction materials attract persons who may overstep the
definition of trespass to get a better look; and,
c. The property owner faces potential liability for accidents that could happen to the general
public wandering the site.
3. The fence shall be located on the applicant's property and shall not be permitted in the public
right-of-way for Nathan Lane, 45"' Avenue North or the frontage road along Highway 169.
The applicant must identify the property lines prior to constriction of the fence. Should the
applicant submit written permission from the Minnesota Department of Transportation
agreeing to the installation of a fence and gate in front of the frontage road, the applicant may
proceed with constriction of the fence along the frontage road, but shall not constrict the
fence on the adjacent property to the north.
4. The fence shall be maintained in a good state of repair at all times.
5. The fence shall be moved east of each building prior to the issuance of the certificate of
occupancy for the building and removed completely from the site prior to the issuance of the
certificate of occupancy for the fourth building.
6. This approval shall expire one year after the date of approval, unless the applicant has
substantially started constriction 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 2 103 0. 06 of the Zoning Ordinance.
Adopted by the City Council on January 8, 2002.
Resolution 2002-002
(20149)
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 January 8, 2002, 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