Res 2000 - 86 Approving a 2-Foot Fence Height Variance to Install a 5-Foot Fence Within the Front Yard Setback at 2465 Hampshire CtCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 00- 86
A RESOLUTION APPROVING A TWO -FOOT FENCE HEIGHT VARIANCE
TO INSTALL A FIVE-FOOT FENCE WITHIN THE FRONT YARD SETBACK
AT 2465 HAMPSHIRE COURT
WHEREAS, Mr. Jack L. Hurley of 2465 Hampshire Court has applied for a two -
foot fence height variance to install a five-foot fence within the front yard setback at 2465
Hampshire Court as proposed in Planning Case #00-35; and
WHEREAS, The Planning Commission held a public hearing on this application
at their regular meeting on September 26, 2000 and
WHEREAS, The Planning Commission voted 5-2 to recommend that the Council
approve this application.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a two -foot fence height variance to install a five-foot fence
within the front yard setback at 2465 Hampshire Court as proposed in Planning Case #00-
35 is hereby approved on the following conditions:
1. The fence shall be in the location presented by the applicant to the Council at their
regular meeting on October 17th, 2000.
2. The fence shall be no more than five feet high.
3. The fence shall be of the design presented to the Council on October 3, 2000 and
October 17, 2000 and shall have the opacity presented by the applicant to the
Council at their regular meeting on October 3, 2000.
4. The applicant shall install appropriate landscaping between the fence and the
walking path, as presented by the applicant at the Council's regular meeting on
October 17, 2000.
BE IT FURTHER RESOLVED that in support,of the above variance, the
Council makes the following findings of fact:
1. The Hurley's proposed backyard pool constitutes a reasonable use of their
property.
2. As required by the City's pool ordinance, a fence between five feet and six feet in
height is required to surround the pool for the safety of children.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that this two -foot fence height variance to install a five-foot fence within the
front yard setback at 2465 Hampshire Court as proposed in Planning Case #00-35 under
the above conditions is necessary to alleviate an undue hardship or practical difficulty and
would not have an adverse impact on the health, safety, and general welfare of the
citizens of the community and the surrounding land, and would not be adverse to the
general purpose and intent of the Zoning Ordinance.
Adopted by the City Council of the City of Mendota Heights
this 17th day of October, 2000.
ATTEST:
By0%I
Kat een M. Swanson, City Clerk
CITY COUNCIL
CITY F MENDOTA HEIGHTS
By �.,..� ul�...
Charles E. Mertensotto, Mayor