HomeMy WebLinkAboutResolution 9466RESOLUTION 9466
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLULTION APPROVING AN APPEAL OF THE PLANNING COMISSION'S
DENAIL OF A VARIANCE TO INCREASE THE FENCE HEIGHT
IN A FRONT YARD FROM FOUR -FEET, TO SIX -FEET, FOR PROPERTY LOCATED
AT 5045 RAINBOW LANE
(PLANNING CASE VR2021-002)
WHEREAS, the applicant, Aaron Strand, applied for a Variance to allow a fence to
exceed 4' in height in a front yard, on property located at 5045 Rainbow Lane, legally described
as:
PID: 07-30-23-44-0059
Lot 8 Block 4 of TWELVE OAKS 2ND ADDITION
WHEREAS, the Mounds View Municipal Code §160.030(C)(1) permits fences up to 4'
in height, anywhere on a lot. The Municipal Code §160.030(C)(3) permits corner lots to have up
to 6' in height, within the side (front) yard, "beginning at the front building line of the principal
structure;" and,
WHEREAS, the applicant installed a fence in the front yard of a corner lot, a portion of
which is 6' in height, in violation of the Mounds View Municipal Code § 160.030(C)(3), and is
requesting approval of a Variance to allow it to stay; and,
WHEREAS, the Mounds View Planning Commission held a duly noticed Public
Hearing on August 18, 2021. A notice was published in the August 3, 2021 edition of the
Shoreview Press, and mailed to property owners within 350' of the subject property; and,
WHEREAS, the Planning Commission, acting as the Board of Adjustment and Appeals,
may provide relief to the landowner in those cases where the code imposes practical difficulties
to the property owner in the use of a property owner's land; and,
WHEREAS, the Planning Commission reviewed the seven criteria for granting a
Variance (Municipal Code §160.466(B), and denied the Variance (Resolution 1136-21). Among
the Commission's Findings (Findings in italics):
The variance is in harmony with the general purposes and intent of the Mounds View
Municipal Code;
Res 9466
Page 2 of 2
Finding: The Variance is not in harmony with the general purposes and intent of the
Mounds View Municipal Code, §160.030(C)(3), which limits front yard fences to
4' in height.
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 chapter has had no control.
The unique circumstances do not result from the actions of the applicant;
Finding; There are no unique circumstances to the property. The property is a corner lot
across the street from a school. There are many corner lots, and many lots across
the street from a school or other venue frequented by pedestrians. The
applicant's dogs bark at the school crossing guards, and other pedestrians. The
intent of the 6' tall fence is to screen the dog's view of pedestrians, enticing the
dogs to bark. There are other means to control the dogs' barking, other than a 6'
fence.
WHEREAS, the Municipal Code, §160.467 allows 60-days (e.g. October 18, 2021) for
the applicant to appeal the Planning Commission's decision, to the City Council. The applicant,
Aaron Strand, filed an appeal on August 26, 2021; and,
WHEREAS, on August 25, 2021, the applicant, Aaron Strand, appealed the Planning
Commission's August 18, 2021 Denial of the Variance; and,
WHEREAS, the City Council has reviewed the September 13, 2021 City Council Staff
Report, including the Planning Commission's Resolution 1136-21 Denying the Variance, and
Disagrees with the Commission's Findings; and,
NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council Approves
the applicant's Appeal of the Planning Commission's Denial of the Variance to increase the front
(east) fence height from 4' to 6', on property located at 5045 Rainbow Lane.
Adopted this 131h day of September 2021.
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— e!141 ay
Carol A. Mueller, or
ATTEST: I "
NyleXik nd, City Administrator
(SE--1)
1111 OM 1E111111 MO Ill MI III
Doc No T02713425
Certified, filed and/or recorded on
Sep 29, 2021 1:20 PM
Office of the Registrar of Titles
Ramsey County, Minnesota
Todd J. Uecker, Registrar of Titles
Heather L. Bestler, County Auditor and Treasurer
Deputy 406 Pkg ID 1479689M
Document Recording Fee Torrens $46.00
Document Total $46.00
Existing Certs
616368
This cover sheet is now a permanent part of the recorded document.