Resolution - 13-16 - Fence Height Variance - 4372 West Arm Rd• CITY OF SPRING PARK
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 13-16
RESOLUTION APPROVING A VARIANCE TO FENCE HEIGHT AND
LOCATION FOR PROPERTY LOCATED AT4372 WEST ARM ROAD
WITHIN THE CITY OF SPRING PARK MINNESOTA
WHEREAS, Robert Hackney has submitted an application for a variance from the
Spring Park zoning fence height and location standards for property located at 4372 West Arm
Road in Spring Park Minnesota.
WHEREAS, the applicant's single family property abuts the Lord Fletcher `s Apartment
and is exposed to the apartments parking lot, boat storage, lake access and recreational area
they have requested the installation of a property line fence up to eight feet in height to screen
the apartment complex's activities, and ;
WHEREAS, City Staff has reviewed submitted plans and prepared a planning report
dated August 6, 2013; and
. WHEREAS, the Spring Park Planning Commission met and held a public hearing on
August 14, 2013, to consider the fence variance requests and recommended that the City Council
approve the variance for an eight (8) foot fence within the setback limitations outlined in the
August 6, 2013 planning report, and;
WHEREAS, the Albertville City Council has received the Robert Hackney application,,
the August 6,2013 planning report, and the Planning Commission recommendation, and agrees
with the findings and recommendation of the Planning Commission;
NOW, THEREFORE BE IT RESOLVED, that the City Council of Spring Park
Minnesota hereby approves the variances for fence height and location subject to the following
findings and conditions:
Findings:
A. The proposed 8 foot fence will provide improved screening, and hence improved
compatibility and transition, between the subject property and an adjacent high density
parcel, this is consistent with the land use policies of the Comprehensive Plan. Further,
fencing is a permitted accessory use on the subject property, and an extension of the
allowed area for 8 foot fencing on the property will permit the applicant to continue to
otherwise use the single family residential parcel in a reasonable manner.
• B. The site exhibits practical difficulties unique to the property including:
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•
1) The single family home's location adjacent to a driveway, garage, and surface
parking lots on an adjacent high density residential parcel is unique to this lot and
creates the need for additional screening making the taller fence a reasonable
solution.
2) The locational conditions not created by the applicant but rather by the situation of
differing residential land uses in the adjacent zoning districts.
C. The requested fence height variance will not negatively impact surrounding properties.
Visual impact will be limited mainly to the adjacent high residential property, as taller
fencing is only being proposed along the shared property line. Further, visual impact to
the high density residential parcel should be minimal to the extent that apartment living
quarters are farther from the proposed location of fencing then drive and parking areas.
Conditions
1. The applicant provides a layout plan (survey) of a fence not to exceed eight (8) feet in
height along their west property line. A survey may not be required if property
monuments can be located demonstrating that the proposed fence is located along the
property line entirely on the applicants property. This fence height shall not extend within
30 feet of the street public right of way or within50 feet of the Ordinary High Water
Mark along the shoreline. Shorter 4 foot fences may be allowed within the
aforementioned setbacks.
2. The applicant shall submit the aforementioned layout plan along with fence construction
details of the proposed fence and an application for a fence permit to the city for review
and approval of the city building inspector.
3. If the applicant chooses to construct a fence taller than six (6) up to eight (8) feet they
must provide engineer documentation that the fence design and construction will with
stand a 90 mph wind load per state building code.
Adopted by the Spring Park City Council this 19th day of August 2013.
Attest:
By:
r
Wendy Lewilbfity Clerk
City of Spring Park
BYC:�
�
ah Reinhard Mayor
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