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HomeMy WebLinkAboutCity Council Resolution 2000-376CITY OF PLYMOUTH RESOLUTION 2000-376 APPROVING VARIANCE FOR A FOUR -FOOT HIGH FENCE IN THE FRONT YARD FOR KRYSTYNA SKROWACZEWSKI ON PROPERTY LOCATED AT 1120 FERNDALE ROAD (20082) WHEREAS, an application has been filed by Krystyna Skrowaczewski which requests approval of a variance for a five-foot fence in the front yard where the Zoning Ordinance permits a three-foot fence. The variance would allow construction of a fence on the front property line of property legally described as follows: All that part of the northwest quarter of Section 31, Township 118 north, Range 22 west of the 5th principal meridian, described as follows: Beginning at the point of intersection of the west line of said section and a line parallel with and 785 feet south of, measured at right angles to, the north line of said section; thence east along said parallel line 383 feet; thence north parallel with the west line of said section 250 feet; thence west parallel with the north line of said section 383 feet to the west line of said section; thence south along the west line of said section 250 feet to the pint of beginning, according to the United Sates Government survey thereof and situate in Hennepin Count, Minnesota, excepting therefrom the following described piece of land: Beginning at a pint on the north line of the above described property 33 feet east of the northwest corner thereof, thence east along said north line 350 feet to the northeast corner of said property; thence south along east liner thereof 90 feet; thence northwesterly to the point of beginning. 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 a variance to allow a four -foot high fence in the front yard for property located at 1120 Ferndale Road, subject to the following findings and conditions: Resolution 2000-376 (20082) Page 2 1. This variance to allow a four -foot fence on the front property line is hereby approved in accordance with the plans and application received by the City on June 5, 2000, 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 existing home is 220 feet from the front lot line and should not be limited to a three- foot high fence in this unusually large front yard. b. The conditions relating to the hardship are not applicable to many other properties in the FRD zoning district. A four -foot fence at the front lot line would be a reasonable use given the location of the existing home on the lot and the problem of coyotes using the property as a route to Hadley Lake. 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 wildlife, specifically coyotes, in the area. d. The hardship is caused by the Zoning Ordinance, which limits fences in the front yard to a maximum height of three feet, regardless of the location of the home on the lot. 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 fence would be aesthetically compatible with the neighborhood. g. The requested variance is the minimum action necessary to allow construction of the proposed fence. 3. The fence shall be located on the applicant's property and shall not be permitted in the public right-of-way. The applicant must identify the front property line prior to construction of the fence. 4. A fence permit shall be obtained prior to construction. 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 construction of the project, or unless the applicant has received prior Resolution 2000-376 (20082) Page 3 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 July 25, 2000. 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 July 25, 2000, 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