HomeMy WebLinkAboutPlanning Commission Resolution 663-01
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 663-01
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE TO ALLOW A FENCE OF SIX FEET IN
HEIGHT TO BE CONSTRUCTED IN THE FRONT YARD OF THE PROPERTY
LOCATED AT 2832 ARDAN AVENUE; MOUNDS VIEW PLANNING CASE VR01-006
WHEREAS, The applicant, David Vanden Einde, has applied for a variance to allow for
a six-foot tall fence in the front yard of the property located at 2832 Ardan Avenue; and,
WHEREAS, 2832 Ardan Avenue is zoned R-l, Single Family Residential, and is legally
described as follows:
GaJe Addition
Lot 1, Block 1
WHEREAS, 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
6. Permitted Fence Location for Corner Lots
7. Sight Triangle Diagram
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,
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Resolution 663-01
June 20, 2001
Page 2
WHEREAS, a public hearing was held Wednesday, June 20,2001, with regard to this
variance request; and,
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
hereby makes the following findings of fact related to this request:
1. The property is a corner lot, which has two front yards as defined in the Municipal Code,
and contains a grade change of approximately two (2) feet from Groveland Road to the
principal structure, creating unavoidable and practical difficulties.
2. The literal interpretation of the provisions of the Zoning Code would deprive the
applicant of rights commonly enjoyed by other property owners in the R-l, Single-Family
residential zoning district in that property improvements are encouraged and that
variances to the requirements are often justified when practical difficulties present a
hardship as they do in this situation.
3. The applicant is not responsible for the conditions or circumstances that necessitate the
approval of the variance.
4. The Planning Commission has in the past granted variances for fences in the front yard of
corner lots that exceed four (4) feet in height when hardship or practical difficulties
prohibit compliance with the City Code.
5. Granting the variance would not confer upon the property owner a special privilege
denied to others in the same district due to the unique nature of the existing conditions
present on the site.
6. The additional two (2) feet in height is the minimum amount that would alleviate the
applicant's hardship.
7. The additional two (2) feet in height would not impair a supply oflight or increase
congestion, nor would it increase the danger of fire or endanger the public safety or
diminish property values.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission, based upon its review of the documentation, testimony presented at the public
hearing, and the identified findings of fact, does hereby approve the variance request for an six-
foot tall fence to be constructed in the front yard of the property located at 2832 Ardan Avenue,
as depicted in the attached Exhibit "A", contingent upon the following:
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Resolution 663-01
June 20, 2001
Page 3
1. The applicant shall arrange to have recorded with Ramsey County this resolution of
approval and provide proof of such recordation to the City within 60 days of the date of
approval, or this variance shall be rendered null and void.
2. The fence shall be constructed no nearer than six (6) inches from the property line
adjacent to Groveland Road.
Adopted this 20th day of June, 2001.
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Gary Stevens6n, Chairperson
ATTEST:
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Jim Ericson, Community Development Director
(SEAL)
N:\DA T A 'GROUPS\COMDEV\DEVELOPMENT CASES\VRO 1-006 (Vanden Einde)\RESOLUTION 663-01.DOC
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