90-007
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RESOLUTION NO. 7-90
A RESOLUTION GRANTING A VARIANCE TO CONSTRUCT
A FENCE
WHEREAS, Robert Whelan (Applicant) is the owner of certain real
property located at 5910 Cathcart Drive, in the City of Shorewood, County
of Hennepin, State of Minnesota, legally described in Exhibit A, attached
hereto and made a part hereof; and
WHEREAS, Applicant is the owner of a homestead structure on said
property, and has constructed a fence six feet high which extends beyond
the front of the structure to the street right-of-way; and
WHEREAS, the Shorewood City Code requires that a fence be no
higher than four feet when located from a point at 50% of the depth of the
structure toward the street; and
WHEREAS, Applicant has applied for a variance to permit the fence
to remain in its present location as a non-conforming fence; and
WHEREAS, a public hearing was held by the Shorewood Planning
Commission to consider the variance on 5 September 1989, and 21 November
1989, for which notice was duly published and all adjacent property owners
duly notified; and
WHEREAS, the Applicant appeared before the City Council at their
regular meeting on 4 December 1989 at which time the Council heard
comments; and
WHEREAS, the City Attorney was directed by the City Council to
prepare a Resolution setting forth findings and conclusions approving the
Applicant's request for a variance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
(1) That until the summer of 1989, Applicant had a six foot
fence "enclosing his property which fence had been constructed prior to the
current ordinance and was therefore grandfathered as a non-conforming
fence.
(2) That during the summer of 1989, Applicant removed a section
of his non-conforming fence, consisting of an 80 foot section along the
southerly line in the front yard at a point in front of the point at 50%
of the depth of the structure.
(3) That Applicant replaced the 80 foot section removed with a
new section of six foot fence.
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(4) That Shorewood ordinance requires that a front yard fence be
no higher than four feet when located from a point at 50% of the depth of
the structure and further requires that, when any non-conforming fence is
replaced or partially replaced, the new fence shall be subject to all of
the terms of the ordinance as to the portion of the fence which is
replaced.
(5) That prior to the summer of 1989 Applicant's fence had been
in place for approximately 22 years and there had been no complaint from
any of the owners of the neighboring properties.
(6) T hat the replacement section constructed and installed by
Applicant is no different from the section of the fence that was replaced
and conforms to the rest of the fence which has not been replaced.
(7) T hat the variance, if granted, would not violate the intent
and purpose of the City Comprehensive Plan and would not alter the
essential character of the locality.
CONCLUSIONS
( 1) That due to the construction of the existing fence enclosing
the Applicant's property, the replacement section of six foot fence would
appear to be a consistent and appropriate method of maintaining the fence.
(2) That requiring the Applicant to remove the fence would
constitute a hardship to the Applicant and would not improve the
appearance or be a reasonable use of the land.
(3) T hat based upon the foregoing, the City C ounci! hereby
grants the Applicant's request for a variance as set forth hereinabove.
(4) That the City Clerk furnish Applicant with a certified copy
of this Resolution for recording purposes.
ADOPTED BY THE CITY COUNCIL
8th day of January, 1990.
Laurence E. Whittaker
ly Administrator/Clerk,
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ROLL CALL VOTES:
Ayes: 5
Nays: 0
S;JlH. O.R. WO 0 D this
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Ira g ?or
ATTEST: