Resolution - 17-13 - Fence Height Variance - 4372 West Arm RoadCITY OF SPRING PARK
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 17-13
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, and trash receptacles they have
requested the installation of a property line fence up to eight feet in height and extending into
the street side required setback to screen the apartment complex's activities, and ;
WHEREAS, City Staff has reviewed submitted plans and prepared a planning report
dated July 5, 2017; and
WHEREAS, the Spring Park Planning Commission met and held a public hearing on
July 12, 2017 to consider the fence variance requests and recommended that the City Council
approve the variance for an eight (8) foot fence height and a location within a required setback
as outlined in the July 5, 2017 planning report as amended by the planning commission, and;
WHEREAS, the Spring Park City Council has received the Robert Hackney application,
the July 5, 2017 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 improve the
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:
1) The single family home's location adjacent to an outdoor storage area, 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
The applicant provides a layout plan (survey) of a fence not to exceed eight (8) feet in
height along their west property line. This fence height shall not extend within 10 feet of
the public street measured from the back of curb. Said fence location forward of the
house toward the street shall not interfere with the operation or maintenance of in -place
utilities. A utility locate must be conducted at the site prior to fence installation.
2. The applicant shall submit the a layout plan showing the approved fence setback and
utility locates 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. Design plans for an eight (8) foot fence must include 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 17th day of July 2017.
Attest:
By: Q
T ikesa Schyma, Ci Clerk
n,
City of S rin P
B
erry ockvam, Mayor
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