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HomeMy WebLinkAboutCC RES 08-023 RESOLUTION FOR A VARIANCE FOR FENCE HEIGHT OF TWO (2) FEET FOR 2916 SILVER LAKE COURT Meeting Sheet IIIIII VIII VIII III�I VIII VIII IIII IIII 104116 Box: 31 Folder: RES 2008 Document: CC RES 08-023 RESOLUTION FOR A VARIANCE FOR FENCE HEIGHT OF TWO (2) FEET FOR 2916 SILVER LAKE COURT • CITY OF ST. ANTHONY VILLAGE RESOLUTION 08-023 A RESOLUTION FOR A VARIANCE FOR FENCE HEIGHT OF TWO (2) FEET FOR 2916 SILVER LAKE COURT WHEREAS, the St. Anthony Planning Commission held a public hearing on March 18, 2008, regarding a request for a two (2)foot variance for fence height for 2916 Silver Lake Court;and WHEREAS, staff presented a Staff Report that provided information regarding the variance request and the subject property as received from the property owners;and WHEREAS, staff also presented the Planning Commission with Findings of Fact for their review and consideration;and WHEREAS, the Findings of Fact state: 1. The variance,if granted,will not alter the essential characteristics of the locali . Rebuilding the fence to eight(8) feet will not be a detriment to the neighborhood and will more in keeping with the essential characteristics of ® the area. The Johnsons have reported that their neighbor to the northeast has an eight(8) foot fence. The Johnsons stated that their seven-foot fence has been in place for several years. 2. The property cannot be put to a reasonable use without the variance. The Johnsons propose to replace the fence with a fence that will continue to act as a barrier to vehicular noise and lights from the commercial properties on the east side of Silver Lake Road,which are outside the corporate boundaries of the City of St. Anthony,therefore not subject to the City's ordinances. Allowing the variance to fence height will maintain their property values and continue the City's goal of keeping housing stock that is safe and livable. 3. The circumstances causing the hardship were not created by the owner. The current house was built in 1965,at a time when there were less traffic on Silver Lake Road. Mr.Johnson reported that it seems that there is more truck traffic,perhaps due to the commercial redevelopment of the former Apache Plaza site. It was also noted that the commercial properties on the east side of Silver Lake Road are in the neighboring community of New Brighton and are not subject to regulation by St. Anthony. Staff noted that the seven-foot fence was in existence at the time the Johnsons purchased the property in 2004. • 4. Economic considerations alone are not the basis of the hardship. While the variance if approved,would maintain the value of this property,it is not the only consideration for the property owners. They have expressed a need to Z:\Council Meetings\2008\03252008\res2916 Silver Lake Court.doc • have a privacy fence that would reduce the amount of noise and lighting impacting the enjoyment of their property. 5. The circumstances causing the hardship are unique to the individual lot. The lot is an interior,residential lot built adjacent to Silver Lake Road in 1965 with the current owners purchasing the property in 2004. The Johnsons propose to replace the fence because it is in need of repair and they would like to replace it with a similar fence to their neighbor. 6. The ,granting of the variance is in keeping with the spirit and intent of the Zoning Code. The Zoning Code was adopted to protect the health,safety and general welfare of the City and its residents. By granting this variance, the Johnsons will be able to install an eight(8) foot fence that will provide some level of protection from the noise created by the traffic on Silver Lake Road and light shed from the commercial properties on the east side of Silver Lake Road. By granting this variance,the Johnsons feel they will have an improved enjoyment of their property. NOW,THEREFORE BE IT RESOLVED,the Planning Commission recommends to the City Council approve a variance of two (2)feet for fence height for 2916 Silver Lake Court. Adopted this 25thday of March,2008. ® -'Mayor ATTEST: &U46" City Clerk Review for Administration: /All Ad City ana r • Z:\Council Meetings\2008\03252008\res2916 Silver Lake Court.doc