HomeMy WebLinkAbout812-05
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 812-05
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A SIX-FOOT TALL
FENCE IN THE FRONT YARD OF 7865 GROVELAND ROAD;
MOUNDS VIEW PLANNING CASE VR2005-012
WHEREAS, the applicants, Donald and Christine Gullickson, have applied for a
variance to replace a six-foot tall fence in the front yard at their property at 7865 Groveland
Road; and,
WHEREAS, 7865 Groveland Road is zoned R-1, Single Family Residential, and is
legally described as follows:
West ;1 of Lot 1, Spring Lake Park Knolls
Ramsey County, Minnesota
WHEREAS, Section 1103.08 of the Mounds View Zoning Code indicates that the
maximum height of a fence in a front yard four feet (4'); and,
WHEREAS, the applicants have applied for a variance to replace an existing six foot
(6') fence in the front yard abutting County Road I; and,
WHEREAS, the Mounds View Planning Commission has reviewed the following
documents regarding this proposal:
1. Planning Application
2. Zoning Map
3. Location Map
4. Aerial Photo dated 2003
5. Site Plan
6. Photographic Documentation
7. Staff Report
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Resolution 812-05
Page 2
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, a public hearing was held on Wednesday, September 7, 2005, 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 which must
be satisfied in order to grant a variance to the Zoning Code.
NOW, THEREFORE, BIE IT RESOLVED, the Mounds View Planning Commission
hereby makes the following findings related to this request:
1. The exceptional or extraordinary conditions relating to the variance request is
that the property is a corner lot on a busy street which is elevated almost six
feet above the subject property.
2.
The literal interpretation of the provisions of the Zoning Code would deprive
the applicants of rights enjoyed by other properties in the same zone
because the height limitations would preclude replacement of an existing
fence which helps provide screening and buffering from County Road I.
3. The applicant has not caused the configuration of the lot nor the historical
usage of the lot and intends only to replace the deteriorated privacy fence.
4. Granting the variance would not confer upon the property owners a special
privilege denied to others in the same district due to the unique nature of the
existing conditions present on the site.
5. The two-foot variance (six foot tall fence) is the minimum variance that would
alleviate the applicants' hardship.
6. The replacement of the fence would not be materially detrimental to the
purpose of the Zoning Code or to other property in the R-1, Single-Family
Residential zoning district.
7. Replacing the existing six-foot tall fence in the front yard of 7865 Groveland
Road would not impair the supply of light or increase congestion, nor would it
increase the danger of fire or endanger the public safety or diminish property
values.
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Resolution 812-05
Page 3
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, does hereby approve the variance request for a
six-foot tall fence in the front yard of 7865 Groveland Road as shown on the attached site
plan labeled Exhibit 1, contingent upon the following:
1. The applicants shall obtain a zoning permit for the fence prior to any work being
initiated.
2. The fence shall be located on the applicants' property with the "good side" of the
fence, if there is one, facing out toward the street and neighboring properties as
required by Code.
Adopted this 7th day of September, 2005.
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ATTEST:
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Jim Ericson, Community Development Director
(SEAL)
EXH.A
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