HomeMy WebLinkAboutResolution 2011-027CITY OF LAKE EL,MO
Washington County, Minnesota
RESOLUTION NO. 2011-027
FINDINGS A RESOLUTION STATING FACT
RELATED TO AN APPEAL ON THE DETERMINATION NOT TO APPROVE A FENCE
PERMIT FOR PROPERTY AT O.
WHEREAS, the owners of property at 12418 Marquess Way North, Robert and Jodi Konop,
made application for a fence permit to construct a solid, 6 foot high fence in the rear yard of their
property and;
WHEREAS, the City staff determined that the fence permit could not be approved due to the
following circumstances:
1) The residential property 12418 Marquess Way North abuts two residential
properties along the interior side property lines — Lot 5, Block 1 to the north and
Lot 3, Block 1 to the south. The applicant's property also abuts State Highway 5 to
the east and has a small segment of property line on the north that is adjacent to
property used for non - residential purposes.
2) The fence ordinance requires fences on through lots to follow those requirements
of interior yards when listed exemptions do not apply.
3) When the listed exemptions apply, a solid fence is permitted to be constructed up
to 72 inches in height.
4) The allowed exemptions are when screening is required by code or when a rear
property line abuts a principal arterial, A minor arterial, or B minor arterial road in
the City's Transportation Plan.
5) The listed exemptions do not apply to the proposed fence not parallel with State
Highway 5. Therefore, a fence is allowed to be constructed up to 72 inches in
height with any portion of such fence above 42 inches measured from grade and
shall be open to light and air over 75% of the surface area in those areas.
6) As the proposed fence not parallel to State Highway 5 is proposed to be 72 inches
in height and a solid fence, staff-informed the applicants on June 20, 2011, that the
fence permit could not be approved.
WHEREAS, the applicants submitted an appeal to the Board of Adjustments and Appeals
regarding the determination not to issue the fence permit for the proposed fence, and request that the
Board find that the permit should be issued; and
WHEREAS, the Board heard the applicants and the City's staff and counsel on July 19, 2011,
and considered the facts of this case.
WHEREAS, the City Council made the following findings based on the information presented
and discussed during the appeal hearing:
a) The City Council stated the intent of an ordinance revision (Ord. 08 -044) approved on June
7t" 2011 was to allow solid fences 72 inches in height to alleviate visual and safety concerns
for properties adjacent to high traffic roadways.
b) Because this was not accomplished through the ordinance revision approved on June 7th, the
City Council determined the fence proposed by Mr. Konop should be allowed through the
intent of the ordinance change and should be permitted.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Appeals and Adjustments of the City of
Lake Elmo, that the Board reverses the decision of the Zoning Administrator concerning the
construction of the proposed fence at 12418 Marquess Way North based on the findings stated in a)
and b) above.
ADOPTED BY THE BOARD OF ADJUSTMENTS AND APPEALS of the City of Lake Elmo this
19th day of July, 2011.
.n ..
Dean A. Johnston, Mayor
Attest:
Bruce A. Messelt, Cit Administrator