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HomeMy WebLinkAboutCity Council Resolution 1999-417CITY OF PLYMOUTH RESOLUTION 99-417 APPROVING A VARIANCE FOR ARCHIE SEASHORE FOR PROPERTY LOCATED AT 1750526 TH AVENUE NORTH (99086) WHEREAS, Archie Seashore has requested approval of a variance to allow a six-foot high fence in the front yard along 27TH Avenue North on property legally described as: Lot 1, Block 2, Candlelight Terrace 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 Archie Seashore for a variance, subject to the following conditions: 1. This resolution approves a variance to construct a six-foot high fence in the front yard along 27th Avenue North, in accordance with the plans and application received by the City on August 16, 1999, except as amended by this resolution. 2. The variance to locate a six-foot high fence in the front yard is approved based on the following findings: a. Due to the surroundings of this corner lot, failure to grant the variance would result in a hardship to the property owner. Although the portion of the property along 27th Avenue functions as a side 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. While no variance sets a precedent, the City found a similar hardship when approving a fence variance across the street from the subject lot (2715 Jewel Lane). The variance allowed the property owner to construct a six-foot high fence in the front yard along 27th Avenue North. The property Res99-417 99086 Page 2 of 3 immediately across 27th Avenue from this lot also has a six-foot high fence in the front yard. b. While there are a large number of corner lots in the City, this corner lot is unique because 27th Avenue functions as a "through" street. There are no homes that front toward 27th Avenue between 26th Avenue and Jewel Lane. Further, the home is located near the center of the lot, which decreases the useable side and rear yard area. The home is 35 feet from 27th Avenue and 52 feet from 26th Avenue, which creates large front yards along the two streets. The location of the home on the lot directly impacts the location of the fence, because the fence cannot extend into the area of the yard between the building and front lot line without approval of a variance. c. The request is not based upon a desire to increase the value or income potential of the property; but rather, to construct a privacy fence in the area of the lot that functions as a side yard. d. The hardships is caused by the ordinance and the location of adjoining streets; therefore, the hardships are not self-created. As stated above, this lot is unique in that no home fronts on 27th Avenue between 26th Avenue and Jewel Lane. 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. Additionally, the homes on the opposite side of 27th Avenue also have 6 -foot high fences in the front yard adjacent to 27th Avenue. 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 proposed fence would be aesthetically compatible with the other fences located along 27th Avenue. g. The requested variance is the minimum action needed to alleviate the hardship. The applicant has designed the proposed fence to provide privacy and to preserve existing mature trees found on the property. In the northeast corner of the property, the applicant is stepping back the fence to preserve landscape plantings. 3. 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 Section 21030.06 of the Zoning Ordinance. ADOPTED by the City Council on October 5, 1999. Res99-417 99086 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 October 5, 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