HomeMy WebLinkAbout1136-21 Variance 5045 Rainbow LnMOUNDS VIEW PLANNING COMMISSION
RESOLUTION 1136-21
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLULTION DENYING 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, has 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: 07-3 0-23-44-0059
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. Practical difficulties include, but are
not limited to, inadequate access to direct sunlight for solar energy systems. No variances shall
be granted that would allow any use that is not allowed in the zoning district in which the subject
property is located. 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 the Mounds View
Municipal Code;
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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.
2. The variance is consistent with the Comprehensive Plan;
Finding: The Variance is not applicable to the Comprehensive Plan.
3. The applicant proposes to use the property in a reasonable manner not permitted by this
chapter or the city code;
Finding: The Variance is a reasonable use. The proposed 6' tall fence extends about 10'
into the front yard from the house, and does not appear out of place.
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.
5. The variance does not alter the essential character of the neighborhood;
Finding; The variance 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; and
Finding: The variance requested is the minimum which would alleviate the practical
difficulty.
7. The Board of Adjustment and Appeals may impose such conditions upon the premises
benefitted by a variance as may be necessary to comply with the standards established by this
chapter or to reduce or minimize the effect of the 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.
NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission,
acting as the Board of Adjustment, based upon the above Findings, the Staff Report, and in
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consideration of public testimony, DENIES a Variance to increase the front (east) fence height
from 4' to 6', on property located at 5045 Rainbow Lane.
Adopted this 181h day of August, 2021.
Attest:
(Seal)
Community Development Director