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Home My WebLink About1034-15MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1034-15 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A SIX-FOOT TALL FENCE IN THE SOUTH FRONT YARD OF 5107 GREENWOOD DRIVE; MOUNDS VIEW PLANNING CASE VR2015-006 WHEREAS, the applicants, Bobby & Kara Dahlberg, have applied for a variance to allow a six-foot tall fence in the south front yard of their property at 5107 Greenwood Drive; and, WHEREAS, 5107 Greenwood Drive is zoned R-1, Single Family Residential, and legally described as follows: Lot 6, Block 2, Clint's Addition, Ramsey County, Minnesota 07-30-23-44-0018 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 allow a six foot (6') fence in the front yard abutting Woodcrest 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, September 18, 2013, about this variance request; and, ��s�ic�� c:m��4... �� c�� 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 5107 Greenwood Drive, 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 some sense of privacy for the property owners. This becomes difficult is on corner lots, particularly lots that front a busy street, where the property owners really want the privacy due to the high traffic along one of their front yards. 2. The variance is consistent with the Comprehensive Plan in that the applicant is improving the property. 3. The applicant is requesting this variance because the front yard height limitations would preclude having a fence tall enough to provide security, screening and buffering from busy Woodcrest Drive. 4. The unique feature of this property is that it is a corner lot which creates two front yards, and the house was built close to the north side of the lot so the south front yard is large. 5. There are other properties in the neighborhood that have a 6-foot tall fence in the front yard and have not changed the existing neighborhood character or caused visibility problems for traffic. 6. The 2-foot variance is the minimum variance required to alleviate the applicant's 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 proper�ies in the neighborhood. �'�:_D��:;��: �r`i�� C�,'��- 9 � �-�� 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 south front yard of 5107 Greenwood Drive. Adopted this 19t" day of August, 2015. l - I ` � �, `- Paul Schiltgen, Vice-Chair ATTEST: �_ , �, � ? �, ti t � C-� .. � =� �� _ �- James Ericson, City Administrator (S EAL)