HomeMy WebLinkAboutCity Council Resolution 1999-396CITY OF PLYMOUTH
RESOLUTION 99-396
APPROVING FENCE HEIGHT AND POOL SETBACK VARIANCES FOR ROBERT AND
SIGNE HENSEL ON PROPERTY LOCATED AT 725 OLIVE LANE NORTH (99082)
WHEREAS, an application has been filed by Robert and Signe Hensel which requests approval of
a variance to allow construction of an six-foot high cedar fence and pool in the front yard area,
where the required setback is behind the front building line as established by the primary structure
on the lot, for property legally described as follows:
Lot 1, Block 1, Hawthorne Place, 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 Robert
and Signe Hensel for a fence height and pool variances in the front yard area for property located
at 725 Olive 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 July 28, 1999, 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 corner lot creates a 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 the setback requirements for
front yards.
Resolution 99-396
(99082)
Page 2
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 install a swimming pool for the convenience of the property
owner.
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.
4. A fence permit and building permit for the pool shall be obtained prior to construction.
5. The fence shall be maintained in a good state of repair at all times.
6. The chainlink fence may be located in the drainage easement, provided the fencing is located
at least 4 -inches above the ground to maintain drainage.
7. The wetland area must be protected during construction. Erosion control measures shall be
installed to prevent erosion from leaving the site or entering the wetland.
8. 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 September 21, 1999.
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 September 21, 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