HomeMy WebLinkAboutCity Council Resolution 2016-024
CP
ITY OF LYMOUTH
RN.2016-024
ESOLUTION O
RAVMFHG
ESOLUTION PPROVING A ARIANCE TO THE AXIMUM ENCE EIGHT FOR A ATE
PPL1325BOL(2015103)
WITH A ERGOLA FOR ROPERTY OCATED AT LACK AKS ANE
WHEREAS, Thomas Red-Cloud has requested approval of a variance for fence height; and,
WHEREAS, the subject property is legally described as: Lot 14, Block 1, Gleason Lake Addition,
Hennepin County, Minnesota; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the request by Thomas Red-Cloud for a variance
for property located at 1325 Black Oaks Lane, subject to the following findings and conditions:
1.The requested height variance is hereby approved to allow a pergola that was installed over a fence
gate at eight-feet seven inches tall where the maximum fence height is six feet, in accordance with
the application received by the city on November 13, 2015 and December 1, 2015, except as may
be amended by this resolution.
2.The requested variance is approved, based on the finding that all applicable variance standards
would be met, as follows:
a)The variance permitting a pergola above the gate to be over six feet in height is consistent with
the residential uses listed for this land use classification in the comprehensive plan.
b)The applicant has satisfactorily established that there are practical difficulties in complying with
the chapter. The applicant could install a freestanding pergola in this location, but desires the
added privacy and definition between public and private space provided by a fence.
Consequently, permitting the height variance allows the property to be used in a reasonable
manner and would not alter the essential character of the locality.
c)The purpose for the variation is not based exclusively on economic considerations; but rather,
the variance is requested to make improvements to the home to increase privacy and reflect the
religious and cultural background of the current occupants.
d)Granting the variance would not be detrimental to the public welfare or injurious to other land
or improvements in the neighborhood. A freestanding pergola of the same height could be
installed in the same location.
Resolution 2016-024
(2015103)
Page 2
e)The proposed variance for increased height would not impair an adequate supply of light and air
to adjacent properties, nor would it substantially increase traffic congestion in public streets,
increase the danger of fire, endanger the public safety, or substantially diminish or impair
property values within the neighborhood.
f)The variance requested is the minimum action required to address or alleviate the practical
difficulties.
3.Any subsequent phases or expansions are subject to required reviews and approvals per ordinance
provisions.
4.The variance shall expire one year after the date of approval, unless the property owner or
applicant has commenced the authorized improvement or use, or unless the applicant, with the
consent of the property owner, 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 this 26th day of January, 2016.
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
January 26, 2016 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