HomeMy WebLinkAboutResolution 5446
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RESOLUTION NO. 5446
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN APPEAL OF A VARIANCE DENIAL FOR AN
EIGHT-FOOT TALL FENCE IN THE FRONT YARD AT 8438 GROVELAND ROAD,
REQUESTED BY GREGORY & ELIZABETH BRUNES;
MOUNDS VIEW PLANNING CASE NO. VROO-002
WHEREAS, Gregory & Elizabeth Brunes, citing issues of harassment from a neighbor,
applied for a variance to construct an eight-foot tall fence located in the front yard of their home
located 8438 Groveland Road, legally described as:
Lot 3, Block 2, Barth & Wakiriak Addition,
Ramsey County, Minnesota
WHEREAS, after a public hearing, the Mounds View Planning Commission denied the
Brunes' request on April 19,2000; and,
WHEREAS, the Brunes appealed the Planning Commission's denial to the City Council,
appearing before the City Council on May 1, 2000 and again on May 8, 2000; and,
WHEREAS, the City Council took testimony from the Chief of Police regarding the
number of police calls, citations issued and arrests made at the neighboring property; and,
WHEREAS, the Mounds View City Council received the following documentation
regarding this request:
1. Planning Application
2. Site Plan
3. Zoning Map
4. Location Map
5, Letter from the Applicants
6. April 5, 2000, Planning Commission Meeting Minutes
7. Planning Commission Resolution 615-00
8. Police Activity Report, 8444 Groveland Road
9. Staff Report
NOW THEREFORE BE IT RESOLVED that the Mounds View City Council finds
there to be a sufficient hardship present to warrant the overturning of the Planning Commission
variance denial, and bases its opinion on the following findings:
a.
Exceptional and extraordinary circumstances apply in this case based on the
actions and alleged harassing behavior of the Brunes' neighbor to the north.
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Resolution 5446
May 22, 2000
Page 2
b.
The literal interpretation of the Code would deprive the applicants of the
comfortable and reasonable use of their front yard.
c. The conditions and circumstances which have prompted the request are not the
responsibility or doing of the applicants.
d. Granting the variance will not confer upon the applicants a special privilege in that
the safe, comfortable and peaceful use of one's yard is an expectation, not a
privilege.
e. The eight-foot tall fence is the minimum necessary to screen the subject property
from the adjacent property and its residents.
f. Given the circumstances, the eight-foot tall fence would not be materially
detrimental to the purposes of the Zoning Code or to other properties in this
neighborhood.
g. The eight-foot tall fence would not impair a supply oflight or air, would not
increase congestion, would not increase the potential offire or endanger the public
safety, nor would it diminish property values.
NOW. THEREFORE, BE IT FURTHER RESOLVED that the Mounds View City
Council, based upon the above hardship findings, does hereby overturn Planning Commission
Resolution No. 615-00, a resolution denying a variance for an eight-foot tall fence.
NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City
Council approves a non-expiring variance for an eight-foot tall fence at 8438 Grove1and Road.
Adopted this 8th day of May, 2000.
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( Dan Coughlin, Mavot
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Mi"chael Ulrich, lnterim City Administrator
ATTEST:
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