Loading...
HomeMy WebLinkAbout1074-17RESOLUTION 1074-17 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW A FENCE, NOT TO EXCEED SIX FEET IN HEIGHT WITHIN THE FRONT YARD OF PROPERTIES LOCATED AT 4821 MUSTANG CIRCLE, AND 4825 MUSTANG CIRCLE (PLANNING CASE MU2017-002) WHEREAS, the City of Mounds View Municipal Code, Section 1103.08, Subd 3 (Location) states that fences not to exceed 48" in height may be located on any part of a lot. Fences not to exceed 96" in height may be erected on any part of a lot behind the front line of the principal building; and, WHEREAS, the applicant, St. Cloud Industrial Products, Inc., has applied for a Variance to construct a fence, up to 72" in height, within a front yard on properties legally described as: PID: 17-30-23-13-0006 Lot4, Block 1 of Mounds View Industrial Park No. 3 PID: 17-30-23-13-0007 Lot 5, Block 1 of Mounds View Industrial Park No. 3 PID: 17-30-23-13-0008 Loth, Block 1 of Mounds View Industrial Park No. 3 WHEREAS, the City of Mounds View Municipal Code, Section 402.01 establishes a Board of Adjustments and Appeals, consisting of all appointed members of the Planning and Zoning Commission; and, Resolution 1074-17 Page 2 WHEREAS, the City of Mounds View Municipal Code, Section 1125.02, Subd 2 establishes criteria for granting of a variance, stating a "variance may be granted only in the event that all of the following circumstances exist:" (Findings in italics) 1. The variance is in harmony with the general purposes and intent of this Title. Findings: The variance request is in harmony with the general purposes and intent of the Mounds View Municipal Code, Title 1100 (Zoning Code). 2. The variance is consistent with the comprehensive plan. Findings: The variance request is not applicable to the Comprehensive Plan. 3. The; applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. Findings: The variance request is a reasonable use. 4. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot 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 result from the actions of the applicant. Findings: The City of Mounds View granted a Conditional Use Permit (CUP) in 2011 to a former property owner (Tyson Companies) to allow Outside Storage as an Accessory Use on these properties, with a height limit of 20' (Resolution 7857). The CUP did not exclude outside storage from occurring within the front yard. This allowance of outside storage is a unique circumstance, not common amongst other industrial properties, without a CUP. Itis reasonable for the property owner to protect this outside storage area by a fence, and that a permitted 48" high fence does offer sufficient protection from vandalism and trespass. 5. The variance does not alter the essential character of the neighborhood. Findings: The variance request does not alter the essential character of the neighborhood. 6. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. Findings: The proposed fence, up to 6' in height, is the minimum fence height to deter vandalism and trespassing onto the property. Resolution 1074-17 Page 3 7. The Board of Adjustment and Appeals may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Findings: The fence, up to 6' in height, shall have an appearance similar to, and location consistent with the photo example and site plan submitted by Outsource Architecture to the City on May 22, 2017, and included within the Staff Report, dated July 5, 2017. WHEREAS, the Planning Commission held a Public Hearing on July 5, 2017, noticing all property owners within 350' of the subject properties, and publishing notice in the Mounds View — New Brighton Sun Focus on June 23, 2017; and, NOW, THEREFORE, BE IT RESOLVED, based upon the above findings, the information and documents regarding the requested variance, the Staff Report, and testimony of the applicant, and in consideration of public testimony, the Planning Commission does hereby approve a variance, with the following conditions: The fence, up to 6' in height, shall have an appearance similar to, and location consistent with the photo example and site plan submitted by Outsource Architecture to the City on May 22, 2017, and included within the Staff Report, dated July 5, 2017. 2. The applicant shall obtain a Zoning Permit to construct the fence within one-year of the date of approval of this variance or this variance shall become void, in compliance with Mounds View Municipal Code, Section 1125.02, Subd 5 (Lapse of Variance or Appeal). Adopted this 5th day of July, 2017 lti s1 lLl'1M- Julianne Love, Vice -Chair ATTEST: James Ericson, City Administrator SEAL) Doc No T02594686 Certified, filed and/or recorded on Aug 18, 2017 9:03 AM Office of the Registrar of Titles Ramsey County, Minnesota Susan R Roth, Registrar of Titles Christopher A. Samuel, County Auditor and Treasurer Deputy 708 Pkg ID 1204962C Document Recording Fee Torrens $46.00 Document Total $46.00 Existing Certs 616599 This cover sheet is now a permanent part of the recorded document. 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 1074- 17 RESOLUTION APPROVING A VARIANCE TO ALLOW A FENCE, NOT TO EXCEED SIX FEET IN HEIGHT WITHINTHE FRONT YARD OF PROPERTIES LOCATED AT 4821 MUSTANG CIRCLE, AND 4825 MUSTANG CIRCLE (PLANNING CASE MU2017-002) WITNESS MY HAND officially as such City Clerk/Administrator and the corporate seal of the City of Mounds View this 8th day of August, 2017. James Ericson, City Clerk/Administrator i • s,i .lam ,`