HomeMy WebLinkAboutCity Council Resolution 1999-341CITY OF PLYMOUTH
RESOLUTION 99 -341
APPROVING A VARIANCE FOR TOM HILL FOR PROPERTIES LOCATED AT 3025,
3035, AND 3045 ALVARADO LANE NORTH (99069)
WHEREAS, Tom Hill has requested approval of a variance to allow a six-foot high fence in the
front yard along Brockton Lane on properties legally described as:
Lots 8, 9, and 10, Block 4, Greentree West, Hennepin County, Minnesota.
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 Tom
Hill for a variance, subject to the following conditions:
1. This resolution approves a variance to construct a six-foot high fence in the front yards along
Brockton Lane, in accordance with the plans and application received by the City on July 1,
1999, except as amended by this resolution.
2. The variance to locate a six-foot high fence in the front yards is approved based on the
following findings:
a. Due to the surroundings of these through lots, failure to grant the variance would result in a
hardship to the property owners. These through lots do not have a rear yard based on the
Zoning Ordinance definitions. Although the portion of the property along Brockton Lane
functions as a rear yard, the ordinance defines it as a front yard, and a six-foot high fence
could not be constructed in that area without a variance. Further, two of the three lots have
frontage on three public streets.
Res. 99-341
99069
Page 2 of 3
b. There are unique conditions related to the parcels due to the fact that they are through lots
with at least two front yards and no rear yard. The applicant cannot construct a six-foot
privacy fence in the area that functions as the rear yard without a variance. Further, two of
the three lots have frontage on three public streets. Although Brockton Lane does not
qualify as an equivalent yard, there would be no access to Brockton between Co. Rd. 24
and 30th Avenue, because all three of these homes are oriented toward, and receive their
access from Alvarado Lane.
c. The request is not based upon a desire to increase the value or income potential of the
property, but rather to reduce negative impacts associated with an adjacent land use and
traffic.
d. The hardship is caused by the ordinance and the platting of the property, which created
lots with multiple street frontage. Consequently, the hardships are not self-created.
e. Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood, because the fence would not obstruct the
visibility of motorists using the public streets.
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. The non -continuous fence would be aesthetically compatible with the
neighborhood.
g. The height and length of the requested fence is the minimum action needed to alleviate the
hardship. The applicant has designed the proposed buffer using a mix of fencing and
landscaping, which decreases the extent of the fence variance.
3. The applicant shall obtain a fence permit.
4. The applicant shall verify at the time of fence permit application that the fence is not located in
the sight visibility triangle.
5. This approval 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 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 21015.07 and 21030.06 of the Zoning Ordinance.
ADOPTED by the City Council on August 17, 1999.
Res. 99-341
99069
Page 3 of 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 17, 1999, 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