HomeMy WebLinkAboutPlanning Commission Resolution 615-00
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 615-00
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING A V ARIANCEFROM SECTION 1103.08
OF THE MOUNDS VIEW ZONING CODE PERTAINING TO FENCES TO
ALLOW FOR AN EIGHT-FOOT TALL FENCE IN THE FRONT YARD OF 8438
GROVELAND ROAD, MOUNDS VIEW PLANNING CASE VROO-002.
WHEREAS, The applicants, Gregory and Elizabeth Brunes, have applied for a variance
to allow for an 8-foot fence in the front yard of their property located at 8438 Groveland Road;
and,
WHEREAS, the City Code, in Section 1103.08 states that fences in a front yard shall not
exceed four feet in height; and,
WHEREAS, 8438 Groveland Road is zoned R-I, Single Family Residential, and is legally
described as follows:
Lot 3. Block 2. Barth and Waktriak Addition
Ramsey Coun(v, Minnesota
WH EREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
1. Planning Application
2. Zoning Map
3, Location Map
4. Site Plan
5, Staff Report
WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to
property owners when the strict enforcement of the zoning code requirements imposes a hardship
thereby restricting the improvement of property due to practical difficulties brought about by
unique or extraordinary features of the physical property that are beyond the property owner's
control; and,
WHEREAS, the Planning Commission discussed this request on Wednesday, April 5,
2000, and a public hearing was held Wednesday, April 19, 2000, with regard to this variance
request; and,
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Resolution 615-00
Page 2
WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal
Code, the Planning Commission is to review a standard set of criteria, of which all must be
satisfied, in order to grant a variance to the Zoning Code.
NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission
finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View
Municipal Code are 110t satisfied and finds there to be illSl{fficie11l hardship with regard to the
property located at 8438 Groveland Road, and makes the following findings of fact related to its
decision:
I. There are no exceptional or extraordinary circumstances related to the property located at
8438 Groveland Road. The lot meets and exceeds all minimum zoning requirements, is
rectangular without any slope or any topographical deviations.
2. The literal interpretation of the provisions of the Zoning Code would 1101 deprive the
applicant of rights commonly enjoyed by other properties in the same district under the
terms of the Code.
3. Without an evident hardship tied to the property itself, it would be inappropriate to grant a
variance to allow for an 8-foot fence in a front yard to mitigate a dispute between
neighbors and would set a precedent for other property owners.
4. Granting a variance for to allow for an 8-foot fence in a front yard would be materially
detrimental to the purpose of the Zoning Code in that tall fences are prohibited to ensure
suitable visibility and to promote a community spirit and neighborhood cohesion.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission denies the variance request for a fence with a height in excess of 4 feet in the front
yard of the property located at 8438 Groveland Road.
Adopted this 19th day of April, 2000.
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Jerry Peterson, Chairperson
ATTEST:
RiC~' ~opment Director
(SEAL)
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