HomeMy WebLinkAboutCity Council Resolution 1998-294CITY OF PLYMOUTH
RESOLUTION 98 -294
APPROVING FENCE HEIGHT AND POOL SETBACK VARIANCES FOR MARK
SHEA ON PROPERTY LOCATED AT 4210 PINEVIEW LANE NORTH (98047)
WHEREAS, an application has been filed by Mark Shea which requests approval of a
variance to allow constriction of an six-foot high solid wood fence and pool in the front
yard area, where the required setback is behind the front building line as established by the
primary stricture on the lot, for property legally described as follows:
Lot 8, Block 3, Swan Lake South, 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 Mark Shea for a fence height and pool variances in the front yard area for
property located at 4210 Pineview Lane North, subject to the following conditions:
1. This variance request to permit a six-foot high fence and pool in the front yard is
hereby approved in accordance with the plans received by the City on April 23, 1998,
except as amended by this resolution.
2. The fence shall be a board -on -board design and shall be setback a minimum of 25 feet
from the front property lines.
3. A minimum of five coniferous trees, at least 6 feet in height, shall be placed between
the fence and 42" a Place N, and a minimum three coniferous trees, at least 6 feet in
height, shall be placed between the fence and Pineview Lane as shown on the site plan
dated April 23, 1998.
4. A fence permit and building permit for the pool shall be obtained prior to constriction.
5. The fence shall be maintained in a good state of repair at all times.
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.
7. This resolution is approved with the finding that the applicable variance standards are
met. Specifically:
a) The location of the house creates an unique hardship which negatively affects
the usability of the yard area.
b) The hardship was not created by the applicants, but rather results from the
location of the home to the property lines -- which was dictated by poor soil
conditions and drainage concerns.
c) Other homes in the area do not have similar hardships associated with the
unique placement of the home on the corner lot.
d) The variance request is not based on a desire to increase the income potential
of the property, but rather to have a useable yard area.
e) The proposed fence and pool would not be detrimental to the public welfare or
injurious to other properties, nor would it impair an adequate supply of light
and air to adjacent property.
f) A six-foot high fence located twenty-five feet from the property line is the
minimum setback variance needed to enjoy a reasonable use of the property.
Adopted by the City Council on May 6, 1998.
Resolution 98-294
(98047)
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 May 6, 1998 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