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HomeMy WebLinkAbout1016-14MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1016-14 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A SIX-FOOT TALL FENCE IN THE NORTH AND WEST FRONT YARDS OF 2408 HILLVIEW ROAD; MOUNDS VIEW PLANNING CASE VR2014-008 WHEREAS, the applicant, City of Mounds View, has applied for a variance to allow a six-foot tall fence in the north and west front yards of the property at 2408 Hillview Road; and, WHEREAS, 2408 Hillview Road is zoned R-1, Single Family Residential, and legally described as follows: E 100 Ft Of W 180 Ft Of N 183 Ft Of Nw 1/4 Of Se 1/4 Of Sw 1/4 (subj To Rd) In Sec 5 Tn 30 Rn 23, Ramsey County, Minnesota 05-30-23-34-0004 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 applicant has applied for a variance to allow a six foot (6') fence in the front yards abutting Hillview Road and Edgewood Drive; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents about this proposal: 1. Zoning Map 2. Aerial Photo 3. Photographic Documentation 4. 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 held a public hearing on Wednesday, October 1, 2014, about this variance request; and, I�P.SO�UtIOI"I �����J-�� P�I�r� 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 that 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 related to this request: 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 satisfied and finds there to be sufficient practical difficulty with regard to the property located at 2408 Hillview Road, and makes the following findings of fact related to its decision: 1. The general intent of the Zoning Code regarding limited fence heights in front yards is to not close off the front of the property from the visual openness of the street, but yet still allow a fence for safety and privacy. This property is not a residential use and is City-owned infrastructure that needs full security. 2. The variance is consistent with the Comprehensive Plan in that the applicant is protecting the City's water supply. 3. The applicant is requesting this variance because the front yard height limitations would preclude having a fence tall enough to provide the necessary security for the water treatment plant and well building. 4. The unique feature of this property is that it is a city-owned property that contains a water treatment plant and one of the City's wells. 5. A 6-foot tall fence in the front yard will change the look of this property but it is necessary for the security of the building. The fence will not cause visibility problems for traffic since it will not be placed in the 30-foot sight triangle. 6. The 2-foot variance is the minimum variance required to alleviate the applicanYs practical difficulty since the Zoning Code limits front yard fence heights to four feet. 7. The Planning Commission may impose conditions upon the premises as may be necessary to comply with city standards and to minimize the effect of such variance upon other properties in the neighborhood. Resoluiion 9016-14 Page � NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, does hereby approve the variance request for a six-foot tall fence in the north and west front yards of 2408 Hillview Road. Adopted this 1St day of October, 2014. � J� �� Paul Schiltgen, Vice Chair ATTEST: � a,vw�d ��2.+..��-9'h James Ericson, City Administrator (SEAL)