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HomeMy WebLinkAbout1065-17IAN, OF 1MW1 I , 1 K - 0 RESOLUTION APPROVING A VARIANCE TO ALLOW A SEVENTY-TWO INCH TALL FENCE IN A FRONT YARD, WHEREAS FORTY-EIGHT INCHES IS THE MAXIMUM HEIGHT PERMITTED, FOR PROPERTY LOCATED AT 2401 MOUNDS VIEW BLVD. (POLICE DEPT.) MOUNDS VIEW PLANNING CASE VR2016-006 WHEREAS; the property owner, City of Mounds View, has requested approval of a Variance to exceed the maximum fence height, to build a seventy-two inch tall chain-link fence around the Police Department's parking lot, located at 2401 Mounds View Blvd. Mounds View, MN, and legally described as: Lot 1, Block 1 of Mounds View City Hall Addition PID: 08-30-23-22-0042 WHEREAS, the above described lands are zoned B-3 Highway Business; and designated as Institutional in the Comprehensive Plan; and, WHEREAS, The City of Mounds View Municipal Code, Section 1103.08, Subd 3(a) allows a maximum front yard fence height of 48" for non -corner lots; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Staff Report 2. Applicant's Site Plan (Narrative) 3. Zoning Map 4. Aerial Map 5. Site Photos (Dee 20, 2016) WHEREAS, the Mounds View Planning Commission held a duly -noticed Public Hearing regarding this request on January 4, 2017; and, Resolution 1065-17 January 4, 2017 Page 2 WHEREAS, The City of Mounds View Municipal Code, Section 1125.02, Subd 2 provides criteria for granting a Variance to provide relief to the landowner in those cases where the Code imposes practical difficulties to the property owner in the use of the property owner's land. A Variance may be granted only in the event that all of the following circumstances exist; and, NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subd 2 are satisfied and finds there to be sufficient practical difficulty with regards to the property located at 2401 Mounds View Blvd., and makes the following findings of fact to its decision: a. The variance is in harmony with the general purposes and intent of this Title. Finding: The Variance is in harmony with the general purposes and intent of the Mounds View Municipal Code. The variance is consistent with the comprehensive plan. Finding: The Variance request is consistent with applicable sections of the Comprehensive Plan, including; Goal P Maintain a cohesive land use pattern that ensures compatibility and functional relationships between activities and uses. Policy j' Protect integrated use districts (residential neighborhoods, commercial centers, industrial parks) from penetration by through traffic. The City shall work to correct traffic problems (such as through traffic) as opportunities arise. Policy k: Require and maintain buffering and visual separation between difering land uses, when possible. Policy l: Strive for compatibility of adjacent land uses. The subject property includes a conflict between pedestrian traffic associated with the park, and vehicular traffic associated with the Police Department. Use of a 72" fence round the Police parking lot will buffer the conflicting uses, so that they may be more compatible. o The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. Finding: The proposed installation of a 72" tall chain-link fence in the front yard is a reasonable use of the property, to secure access to the Sally Port. Resolution 1065-17 January 4, 2017 Page 3 d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and resultftoin dot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not resultf om the actions of the applicant Finding: Unique circumstances of this property include the use of the property as a Police Department and its requirement of a secured area around its Sally Port, together with the adjoining use of a City Hall and park, open for public use and enjoyment. To protect the public's health and safety, a 72" tall fence provides a minimal separation between public areas and police activities. e. The variance does not alter the essential character of the neighborhood Finding: The Variance does not alter the essential character of the neighborhood. The property (City Hall Park) includes chain-link fences of various heights. The property across the street (Community Center) includes a 72" chain-link fence in front yard for use by a daycare: f. The variance requested is the minimum variance which would alleviate the practical zlifftculties. Economic conditions alone do not constitute practical difficulties. Finding: A 72" fence is the minimum height necessary to deter trespassers, and protect the public, NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the Variance request of theCityof Mounds View (property owner) to increase the maximum fence height in a front yard, from 48" to 72", for property at 2401 Mounds View Blvd., subject to the following conditions: The applicant shall construct the chain-link fence in compliance with the Mounds View Municipal Code; and consistent with the site plan included in the Staff Report. Adopted this 4"' day of January, 2017. ATTEST: (SEAL) 0 F r.. f tn`'`�J`-"`�"-I. 1T. -' - „ Comhair V>Jin,ro James Ericson, City Administrator Doc No A04662952 Certified, filed and/or recorded on Jun 16, 2017 9:22 AM Office of the County Recorder Ramsey County, Minnesota Susan R Roth, County Recorder Christopher A. Samuel, County Auditor and Treasurer Deputy 703 Pkg ID 1194631C Document Recording Fee Abstract $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. • v STATE OF MINNESOTA) ss. COUNTY OF RAMSEY) I, the undersigned, being the duly qualified City Clerk/Administrator of the City of Mounds View, Minnesota, hereby certify that I have carefully compared the attached and foregoing document with the original thereof on file in our office, and the same is a full, true and complete copy thereof, insofar as the same relates to: Resolution 1065-17 Resolution Approving a Variance to Allow a Seventy-Two Inch Tall Fence in a Front Yard, Whereas Forty-Eight Inches is the Maximum Height Permitted, for Property Located at 2401 Mounds View Blvd. (Police Dept.) Mounds View Planning Case VR2016-006. WITNESS MY HAND officially as such City Clerk/Administrator and the corporate seal of the City of Mounds View this 15th day of May, 2017. 0 .0,f, , _• .(SEAL) -'- James Ericson, City Administrator E r..-_- r e. •4 q.[