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HomeMy WebLinkAbout06-15-2005 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting June 15, 2005 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:02 p.m. June 15, 2005. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Miller, Zwirn, Hegland, Hull, Meehlhause, Scotch, and Stevenson Absent and Excused: None. Also Present: Community Development Director Ericson ________________________________________________________________________ Index to Minutes Page Planning Case VR2005-006. Public Hearing and Consideration of a Variance Request for a Fence in a Front-Yard Taller than Permitted by Code at 5290 Pinewood Court Applicant: Shawn and Stephanie Young 2 _______________________________________________________________________ 3. Approve Minutes May 18, 2005. MOTION/SECOND: Zwirn/Miller. To approve the Minutes of the May 18, 2005 regular Planning Commission meetings as slightly amended. Ayes – 7 Nays – 0 Motion carried. Mounds View Planning Commission June 15, 2005 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Case VR2005-006. Public Hearing and Consideration of a Variance Request for a Fence in a Front Yard Taller than Permitted by Code at 5290 Pinewood Court. Applicant: Shawn and Stephanie Young Community Development Director Ericson explained that the applicants, Shawn and Stephanie Young, are requesting a variance to replace an existing non-conforming fence in the front yard of their property located at 5290 Pinewood Court. He advised the Young’s home is a corner lot, and therefore has two lot frontages. He stated the Zoning Code indicates that no fence in front of the front line of a building may exceed four feet in height. He indicated the applicants would like to replace the existing six-foot tall privacy fence, which acts as a buffer and screen from County Road H2. Director Ericson stated the property is a corner lot, which is not in itself unique, however the unique circumstance is that the fence currently exists. He advised the property is on a busy roadway across the street from commercial and industrial uses, which is another unique factor to consider. He stated the applicants have a nicely landscaped backyard protected by the existing privacy fence. He indicated to locate the fence any closer to the home would result in lost backyard area to which the applicants have been historically accustomed to using. Director Ericson advised that for this variance to be approved, as with any variance request, there needs to be demonstrated substantial hardship or practical difficulties associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. He reviewed the variance criteria and Staff’s findings. He explained that the exceptional and extraordinary circumstances are that the fence currently exists and is in need of replacement, and is necessary for continued privacy and screening that the special conditions or circumstances did not result from the actions of the applicant, since the fence existed when they purchased the property and appears to have been there for many years. He added that City Staff can find no previous variance request for the fence, and it is possible it was constructed at the time the home was built. He continued by saying that granting of the variance requested would not confer on the applicant any special privilege and that the variance requested is the minimum variance that would alleviate the hardship and would not be materially detrimental to the purpose of this property or to other property in the same zone. He stated that the lot to the east backs up to this property, and there is no property on the side yard that would be affected. He added that the lot to the east was granted a variance for an addition, so there is history as to the unique circumstances of these two similar properties and that the variance would not impair an adequate supply of light and air to the adjacent property. Community Development Director Ericson stated Staff sent notices to property owners within 350 feet, and the only comment received in opposition was from a resident on Spring Lake Road who is opposed to fences in front yards in general. He indicated after holding the public hearing, Mounds View Planning Commission June 15, 2005 Regular Meeting Page 3 ________________________________________________________________________ the Commission can approve the variance as requested, deny the requested variance, or table the request. Chair Stevenson noted a home on Spring Lake Road would not be within 350 feet of this property. Community Development Director Ericson agreed, indicating it shows that people do read the notices published in the newspaper and consider the issues going on in their community. Chair Stevenson asked if there was any attempt made to speak with the neighbors besides the sending of notices. Community Development Director Ericson stated he is not aware of any other attempts. Chair Stevenson opened the public hearing at 7:08 p.m. Commissioner Miller asked if the fence would be similar to what currently exists. Shawn Young, 5290 Pinewood Drive, stated currently the fence has lattice on the top two feet. He indicated the fence will be made of solid cedar from top to bottom. He stated he could consider a different style if necessary. He noted there would be space between the boards rather than a solid fence, and he chose the design because he thought he could construct it himself and it would look nice from the road. Commissioner Miller asked if posts could be located on the road side of the fence. Community Development Director Ericson indicated posts could be visible from the road, but if there is a good side to the fence, it has to be facing out and visible from the street side. He indicated an exception could be if you use staggered boards, where some are on each side of the main post frame. He stated he has seen the fence proposed by the applicants and believes the design will look good from the street. Commissioner Zwirn asked if the fence would be placed in the same location as the current fence. Mr. Young indicated they will be tying it back to the house, which requires a new 30-foot section; however, the 50-foot section replaces the fence currently erected. He stated the 120-foot section mentioned on their application currently exists. Commissioner Zwirn asked if the applicants would be constructing the fence themselves, and if they had a timeframe in mind. Mr. Young stated they would do the construction and hoped to complete it as soon as possible. Chair Stevenson asked if there was a limit on how long a Mounds View permit was valid. Community Development Director Ericson stated generally permits are good for 180 days; however, they do grant an extension if work is ongoing. Chair Stevenson closed the public hearing at 7:17 p.m. Mounds View Planning Commission June 15, 2005 Regular Meeting Page 4 ________________________________________________________________________ MOTION/SECOND: Zwirn/Heglund. To approve Resolution 798-05, a Resolution Approving a Variance to Allow for a Six Foot Tall Fence in the Front Yard of 5290 Pinewood Court, Planning Case VR2005-006. Ayes – 7 Nays – 0 Motion carried. ______________________________________________________________________________ 6. Next Planning Commission Meeting: July 6, 2005. ______________________________________________________________________________ 7. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:18 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Jim Ericson Community Development Director Transcribed by: Karen Bucklen TimeSaver Off Site Secretarial, Inc.