HomeMy WebLinkAbout6.p. JAC Company Adopt Findings for Denial of Fence VarianceCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: May 2, 2000
AGENDA ITEM: JAC Company (Gent -Ryan) Variance Petition:
AGENDA SECTION:
Resolution overturning the Zoning Board
Consent
of Appeals & Adjustments.
PREPARED BY: Rick Pearson, City Planner
AGENIWW%W� #6 P
ATTACHMENTS: Draft Resolution overturning a decision by the
APPROVED BY:
Zoning Board of Appeals & Adjustments.
Applicant & Property Owner:
Location:
Current Zoning (Gent -Ryan):
Extreme Motor Sports:
Board of Appeals & Adjustments:
SUMMARY
John Ryan
14785 S. Robert Trail
C -2, Community Commercial (14745, 14755 S. Robert Trail)
C-4, General Commercial (14785 S. Robert Trail)
Variance granted with conditions (3 -1)
Mr. Ryan has requested a variance to construct a fence along the perimeter of the former Extreme Motor Sports
property along South Robert Trail, effectively expanding the Genz -Ryan site. The issue is that the fence would
be six feet high to match the existing fence on the adjacent property on the north side. Mr. Ryan indicated at
the March 14 meeting that barbed wire was not being requested. Fence heights are restricted to 42" in front
yards. The current fence on the Genz Ryan property is considered to be non - conforming as are most of the
other fences in the South Robert Trail area.
PLANNING COMMISSION / BOARD OF APPEALS & ADJUSTMENTS PUBLIC HEARING
The Planning Commission/Board of Appeals & Adjustments granted the variance with conditions based upon
the length of time that the business had been established in Rosemount and that there currently were no plans to
relocate elsewhere in the city. Staff was concerned that the variance granted was not based upon the findings
required for variances (Section 14.2G), or applicable state statutes, and therefore may be viewed as an arbitrary
decision which creates a precedent. Therefore, the Council adopted a resolution to conduct a public hearing to
appeal the Board of Appeals & Adjustments decision.
CITY COUNCIL DIRECTION
The Council has directed staff to prepare findings for denial of the variance appeal based upon the draft findings
presented at the April 18, 2000 Council meeting.
RECOMMENDED ACTION:
Motion to adopt aresolution overturning a decision by the Zoning Board of Appeals & Adjustments.
CITY COUNCIL ACTION:
a
• ` CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2000-
A RESOLUTION OVERTURNING A DECISION
BY THE ZONING BOARD OF APPEALS & ADJUSTMENTS
WHEREAS, on March 28, 2000, the Planning Commission/Board of Appeals and Adjustments
of the City of Rosemount (the `Board") considered a variance application (the "Application ")
submitted by JAC Company; and
WHEREAS, there were procedural issues arising from a tie vote on a motion arising from the
Application; and
WHEREAS, there is a need to clarify whether such approval and the conditions imposed upon
such approval are lawful, enforceable, and binding on the City and JAC Company; and
WHEREAS, the City Code permits review of certain Board decisions if there is an allegation of
error in fact, procedure, or finding; and
WHEREAS, the City's Zoning Administrator may appeal Board decisions under the City Code;
and
WHEREAS, the City Council adopted a resolution to review the Board decision regarding the
Application; and
WHEREAS, the City Council conducted a public hearing on April 18, 2000 to consider the
Board's decision.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
denies the variance requested by JAC Company based upon findings of fact:
FINDINGS OF FACT
1. The fence variance may result in additional detrimental impact to the aesthetics of the
neighborhood.
2. The property is already developed with a building that is capable of supporting uses
consistent with ordinance standards and policies in the comprehensive plan.
3. The applicant has not shown that there are exceptional or extraordinary circumstances or
conditions that are unique to the property at 14785 South Robert Trail that distinguishes it
from other properties in the area.
4. Other fences in the area with six foot heights in the front yards are non - conforming with
ordinance standards.
r
Resolution 2000 -
5. Anticipated use of the property would have to be considered part of a wholesale business
and supply center, otherwise, if it is a contractor yard with outdoor storage, it may be
considered a non - conforming use which actually would be expanded with the addition of
the fenced enclosure.
ADOPTED this 2N day of May, 2000, by the City Council of the City of Rosemount.
Cathy Busho, Mayor
ATTEST:
Linda J. Jentink, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent: