HomeMy WebLinkAboutCity Council Resolution 2002-390CITY OF PLYMOUTH
RESOLUTION 2002-390
APPROVING SITE PLAN AMENDMENT AND VARIANCE TO ALLOW A SIX-FOOT
HIGH FENCE IN THE FRONT YARD ON THE PLYMOUTH GUN CLUB PROPERTY
LOCATED AT 5400 HOLLY LANE. (200209 1)
WHEREAS, the Plymouth Gun Club has requested approval of a site plan amendment and
variance for property legally described as:
West '/z of N.E. '/4 of N.W. '/4, Section 8, Township 118, Range 22, Hennepin County,
Minnesota; and
WHEREAS, the Planning Commission has reviewed said 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 by the
Plymouth Gun Club for a site plan amendment and variance to allow a six-foot high chain link
fence in the front yard on the Plymouth Gun Club property, subject to the following conditions:
1. A site plan amendment and variance is approved to allow a six-foot high chain link fence in
the front yard on the Plymouth Gun Club property, in accordance with the plans received by
the City on July 11, 2002, except as amended by this resolution.
2. A variance is approved to allow a 6 -foot high chain link security fence as shown on the plans
dated July 11, 2002, where 4 feet is the maximum allowed by the Zoning Ordinance, based on
the finding that:
(a) Staff finds that there is a hardship associated with the property due to the physical
surroundings of the property. When the adjacent property was undeveloped there was less
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File No. 2002091
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of a risk of trespass, however as the bordering properties have developed, the Gun Club
needs additional security and protection from potential harm to the public.
(b) The conditions upon which the request is based are unique. Staff finds that the Gun Club
activities are unique and the need to protect the public, especially children, is a unique
circumstance generally not applicable to other properties. A six-foot fence would
discourage trespass onto the Gun Club property.
(c) The request is not based upon a desire to increase the value or income potential of the
property, but rather to reduce liability and prevent injury associated with the Gun Club
activities.
(d) Staff finds that the alleged hardship is caused by this Chapter. The Gun Club has been in
existence on this property for over 40 years, prior to the current requirements. As
properties have developed around the Gun Club, the natural wooded barriers have been
removed and a security fence is needed for safety purposes. The maximum four -foot fence
allowed by the Ordinance would not be adequate for security purposes.
(e) Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. The fence would decrease the danger to the
public by providing a barrier along the property line.
(f) Granting the variance would not impair an adequate supply of light and air to adjacent
property, increase the congestion of public streets, increase the danger of fire, or endanger
the public safety.
(g) Staff finds that the variance is the minimum action required to eliminate the hardship. The
applicant has only proposed location of the fence along the property line where
development has occurred. A fence less than 6 feet high would not provide adequate
protection.
3. The security fence may be locked, however if emergency access is necessary, the City may cut
the lock or fence without reimbursement to the property owner.
4. This approval shall expire one year after the date of approval, unless the property owner or
applicant has substantially started constriction of the project, or unless the landowner or
applicant has received prior approval from the City to extend the expiration date for up to one
additional year, as regulated under Sections 21030.06 and 21045.09 of the Zoning Ordinance.
ADOPTED by the City Council on August 27, 2002.
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File No. 2002091
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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 27, 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
Clerk