HomeMy WebLinkAbout756-04
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 756-04
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING A VARIANCE REQUEST FOR A SIX-FOOT TALL FENCE
IN THE FRONT YARD OF 2208 LOIS DRIVE, MOUNDS VIEW PLANNING CASE
VR2004-003.
WHEREAS, The applicant, Michacl Rcad, has applied for a variance to allow for a 6-
foot fence in the front yard of his property located at 2208 Lois Drive; and,
\VHEREAS, the City Code, in Section 1103.08 states that fenccs in a front yard shall not
cxcced four fect in height; and,
\VHEREAS, 2208 Lois Drive is zoned R-l, Single Family Residential, and is legally
described as follows:
Lot 2 and Sl/~ject to ditch I.ot 3, Block l8, Pinewood Terrace No.
5; Ramse:\.' County, ,Minnesota
\\'HEREAS, the Mounds View Planning Commission has reviewed thc following
documents rcgarding this proposal:
1. Planning Application
2. Zoning Map
3. Location Map
4. Site Plan
5. Staff Report
\VHEREAS, the purpose of the variance provision in the Zoning Codc is to give rcliefto
propcrty owncrs when thc strict cnforccment of the zoning code requirements imposes a hardship
thereby restricting thc improvemcnt of property due to practical difficulties brought about by
unique or extraordinary features of the physical property that are bcyond the propcrty owner's
controL and,
\VHEREAS, the Planning Commission held a public hearing on Wedncsday, May 5,
2004, with rcgard to this variance request; and,
\VI-IEREAS, according to Scction 1125.02, Subdivision 2 of the Mounds View
Municipal Code, thc Planning Commission is to rcview a standard sct of criteria, of which all
must be satisficd, in order to grant a variance to the Zoning Codc.
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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 flot satisfied and finds there to be insldficie11l hardship with regard to thc
property located at 2208 Lois Drive, and makes the following findings of fact related to its
dccision:
1. Thcrc arc no exceptional or extraordinary circumstances related to the property located at
2208 Lois Drive. The lot meets and excceds all minimum zoning requirements.
2. The literal interpretation of the provisions ofthc Zoning Code would not 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 itsclf, it would be inappropriate to grant
a variance to allow for a 6-foot fence in a front yard for privacy reasons and would set a
prcccdent for other property owncrs.
4. Granting a variance to allow [or an G-[oot fcnce in a front yard would be matcrially
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 Vicw Planning
Commission dcnies the variance requcst for a fence with a height in cxcess of 4 feet in the front
yard of the property located at 2208 Lois Drive.
Adopted this 19th day of May, 2004.
ATTEST:
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Jim Ericson, Community Devclopment Director
(SEAL)