2001 Planning Commission Packets

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. - .. , .. Itern # 7 City of Mounds View Planning Comm�ssion Report Meeting Date: October 17, 2001 Title: PUBLIC HEARING AND DISCUSSION OF A VARTANCE REQUEST TO ALLOW A FENCE OF SIX (6) FEET IN HEIGHT TO BE CONSTRUCTED IN THE FRONT YARD OF THE PROPERTY LOCATED AT 5150 IltONDALE RQAD; PLANNING CASE VRO1-01 b Introduction The subject property is a corner lot Iocated at 5150 Irondaie Road. The applicant, Steve Stimmler, is proposing to construct a fence six (6) feet in height in the front yard of the property. Discussion According to the Municipal Code, Section 1103.08, Subdivision 3, fences of a height greater than 48 inches (4 feet) are not allowed in the front yard of a property. The City Code defines a front yard as `:.�� the azea of a lot that extends beyond the front face of the principal structure and is adjacent to a -- ' street. Therefore, corner lots, such as in this case, have two (2) front yards. As shown on the attached site plan, the proposed fence wouid be located beyond the northern building line of the principal structure. According to the applicant, there is a need for a fence due to the amount of activity conducted in their back yard. A fence would greatly reduce the impact on neighboring properties as well as protect the privacy of the applicant's family. The applicant has �lso indicated that they would like to install a pool in the rear yard. The Building Cade, however, requires that. at Ieast a five (5} foot fence be placed around swimming pools. If the applicant were to comply with the building code and the zoning code, there would not be adequate space for a swirruning paol. For this Variance to be approved, as with any Variance request, there needs to be demonstrated substantial hazdship or prac�ical difficulties associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. State statutes require �hat the governing body (the Planning Commission) review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The individual criteria are as follows: a. Exceptional or extraordinary circamstances apply to the property which do no� apply - generaUy to other proQerties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control.