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
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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.
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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 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