HomeMy WebLinkAbout98-122RESOLUTION 98-122
RESOLUTION OF TltE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION OF
THE PLANNING COMMISSION DENYING A VARIANCE TO WAIVE TltE FORTY
TWO INCH (42") MAXIMUM ALLOWED FENCE HEIGHT REQUIREMENT IN THE
FRONT LOT SETBACK AREA FOR JOHN & JERILYNN TRULSON ON THE
PROPERTY LOCATED AT 14296 RUTGERS STREET
MOTION BY: MADER
SECOND BY:
WUELLNER
WHEREAS,
the Planning Commission on September 14, 1998, considered and denied a
variance request by John & Jerilynn Trulson to waive the forty two inch (42")
maximum allowed fence height requirement in the front lot setback area.
on October 19, 1998, the Prior Lake City Council considered an appeal, by
John & Jerilynn Trulson, of the Planning Commission's denial of a request
for a variance to waive the forty two inch (42") maximum allowed fence
height requirement in the front lot setback area for the property legally
described in attached Exhibit A; and
WHEREAS,
the City Council finds that the requested variances do not meet the standards
for granting variances set forth in Section 5-6-6 (C, 1-4) of the City Code,
and that the appellant has not set forth adequate reasons for overturning the
decision of the Planning Commission; and
WHEREAS,
the City Council has determined that the Planning Commission's decision
denying the requested variances should be upheld, and said variances should
be denied.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
FINDINGS
John & Jerilyrm Trulson have applied for a variance from the Zoning Ordinance,
Code Section 5-5-1 I(E), in order to waive the requirement for a fence not to exceed
forty two inches (42") in the front lot setback area, under construction on the property
located at 14296 Rutgers Street, legally described on attached Exhibit A.
2. The Board of Adjustment reviewed the application for variances as contained in Case
#98-106 and held hearings thereon, and denied the request on September 14, 1998.
3. Mr. & Mrs. Trulson appealed the decision of the Planning Commission in accordance
with Section 5-6-3 (A) of the City Code.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
o
The Prior Lake City Council considered this appeal on October 19, 1998.
The Prior Lake City Council has considered the effect of the proposed variances upon
the health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variances on the
Comprehensive Plan.
The City Council has determined the request does not meet all four of the variance
hardship criteria. There are no unique circumstances or conditions regarding the
property. Any hardship was caused by the actions of the applicant through the design
of the fence. There are no unique characteristics to the property, which would
constitute a hardship.
The denial of the requested variance does not constitute a hardship with respect to
literal enforcement of the ordinance as there exists reasonable use of the property
without the variances.
The granting of the variance is not necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicant, and is not necessary to alleviate demonstrable hardship.
9. The contents of Planning Case 98-106 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby:
Upholds the decision of the Planning Commission denying a variance to waive the fence
height requirements for John & Jerilynn Tmlson on the property located at 14296 Rutgers
Street, legally described in Exhibit A, which exhibit is attached to this resolution.
Passed and adopted this 19th day of October, 1998.
YES NO
Mader X Mader
Kedrowski X Kedrowski
Petersen X Petersen
Schenck Schenck X/~
Wuellner X .~r ~
City ~
City of P
{Seal}
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