Agenda - Council - 12/12/2000 - Laserfiche WebLink

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,I I, I ! i ! I I I i I I I I I ! I I i Add finding of fact #17 to read "That to deny the use of the second structure as a dwelling unit would be a hardship to the existing property owners as they purchased the property in its current partially complete condition as a dwelling unit and the use most feasible is its current condition as a dwelling." Add finding of fact #18 to read "That the Council finds that this is a unique circumstance and the granting of a conditional use permit shall not be deemed a precedent to allow new construction of two principal structures on a parcel in violation of City Code." Motion by Councihnember Hendriksen, seconded by CounCilmember Connolly, to adopt Resolution #00-10-279 adopting the Findings of Fact # 0535 as recommend by the City Attorney, relating to Loving Care Senior Service's request for a conditional use pen2it to maintain a second dwelling on a parcel. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Hendriksen, Connolly, Anderson, and Zimmennan. Voting No: None. Motion by Councilmember Hendriksen, seconded by Councilmember Cormolly, to approve Loving Care Senior Service's request for a conditional use permit, that would terminate if the property is sold in the future, based on the findings of fact and adopting Resolution #00-10-280 declaring terms of same. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Hendfiksen, Cmmolly, Anderson, and Zimmennan. Voting No: None. Case #3: Request for a Conditional Use Permit to Exceed Fence Height Restrictions; Case of Al Kempf Community Development Director Frolik stated that Mr. A1 Kempf resides at 15220 St. Francis Boulevard NW, Ramsey. As'part of the T.H. #47 improvement project, Mr. Kempf lost several mature trees that were located between the front of his home and the highway. Mr. Kempf has stated that those trees acted as a noise and visual buffer from the traffic. Mr. Kempf approached City staff regarding constructing a six foot privacy fence across the front of his property to replace the buffering effect previously provided by the trees. Mr. Kempf was informed that front yard fences are restricted to decorative fences not exceeding four feet in height. On Septernber 7, 2000, the City received an application from A1 Kempf for a conditional use permit to exceed the four foot front yard fence height restriction. One concern with front yard fences is that they do not obstruct visibility of the house nurnbers from the public road, especially for emergency situations. On a site visit, it became apparent that Mr. Kempf is proposing to located the fence approximately two to three feet into the highway right-of-way. If the fence were .placed on the fi'ont property line, it is highly likely that some of the trees that did survive the highway improvements would be damaged. Staff consulted Mr. Keith VanWagner in the M~ff)OT Permits Division. He indicated that Mr. Kempf would need a penrfit from M~ff)OT in order to locate the fence as proposed, but it is highly unlikely that such a pen]nit would be granted. Mr. City Council/October 24, 2000 Page 13 of 31 -49-