Agenda - Planning Commission - 10/09/2014

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The request appears to satisfy all three (3) factors. Fencing and its use for screening is allowed within the R-1 Residential District and is therefore a reasonable use. The circumstances surrounding the Applicant's problem were the result of a County initiated project, not by the Applicant. And finally, the variance would have no effect on the character of the Subject Property's locality. Alternatives Option #1: Approve Resolutions #14-10-208 and #14-10-209 granting a Variance to the maximum height for fences within the front yard setback. The Applicant is requesting permission to reconstitute the screening condition of his removed trees via a six (6) foot tall privacy fence. What prompted this request was not due to actions by the Applicant, but by a construction project initiated by the County. If this option is selected, the Applicant would still have to comply with other fence standards described in Section117-111. Staff recommends the option. Option #2: Deny the request for a Variance. This action would not allow the Applicant to construct a fence six (6) feet in height, but a fence that was only four (4) feet tall. This height would not offer the degree of screening that was present with the trees, which were removed by the County and not by the Applicant's choice. The privacy fencing would only be present along a limited extent of the Subject Property facing a busy intersection. Staff does not recommend this option. As a reminder, for variances, the Planning Commission acts in a quasi-judicial capacity rather than an advisory board. Funding Source: Because of the relationship of this request to the reconstruction of the intersection of CSAH 5 and Alpine Dr NW by Anoka County, all associated costs have been waived by the City. Recommendation: City Staff recommends approving Resolutions # 14-10-208 and # 14-10-209 related to a request for a variance to the height limit for fencing within the front yard setback of a residential property. Action: Motion to adopt Resolution # 14-10-208 approving Findings of Fact #0937 and Resolution # 14-10-209 approving the request for a variance related to a request for a variance to the fence height limit within the front yard setback of a residential property; Site Location Map Exhibit A - Site Plan Details of Proposed Privacy Fence Resolution #14-10-208: Draft Findings of Fact Resolution #14-10-209: Draft Variance Attachments Form Review Inbox Reviewed By Date Chris Anderson Chris Anderson 09/30/2014 03:13 PM Tim Gladhill Tim Gladhill 10/01/2014 05:25 AM Form Started By: Tom Olson Started On: 09/29/2014 04:23 PM Final Approval Date: 10/01/2014