VII.1. Conditional Use Permit for a Special Purpose Fence at 2 East Saint Albans Road; Lindahl
May 22, 2018 City Council Report 2018-071
Conditional Use Permit for a Special Purpose Fence at 2 East Saint Albans Road
Proposed Action:
Move to adopt Resolution 2018-052, approving a Conditional Use Permit allowing a 6 foot high
Special Purpose Fence along the eastern property line of 2 - East Saint Albans Road.
Overview
The applicants, Justin and Jocelyn Miller, request approval of a conditional use permit (CUP) to
allow a Special Purpose Fence along their eastern property line. The subject property is located
at 2 East Saint Albans Road in the Bell Grove neighborhood north of Minnetonka Boulevard
and east of Hopkins Crossroad. Should the City approve the CUP, the applicant would be
allowed to construct a 6 foot high fence along their eastern property line which fronts along
Atwater Street. The City’s fence regulations limit fences in yards abutting public rights-of-way to
4 feet. According to the applicant, they need a 6 foot high fence for screening from Atwater
Street and the security of their children and pet. In all other ways, the fence will comply with all
other construction, openness and maintenance standards for residential fences. Both staff and
the Planning & Zoning Commission recommend approval of this request.
Primary Issues to Consider
• Planning & Zoning Commission Action
• Background
• Conditional Use Permit Standards
• Alternatives
Supporting Documents
• Resolution 2018-052
• Site Location Map
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
City Council Report 2018-071
Page 2
Planning & Zoning Commission Action. The Planning & Zoning Commission held a public
hearing to review this item during their regular meeting on May 22, 2018. During the meeting,
the Commission heard a presentation from staff but no comments during the public hearing.
After some brief discussion, the Commission voted 6-0 to recommend the City Council approve
this request.
Background. The property located at 2 East Saint Albans Road is a single family home in the
Bellgrove neighborhood currently owned by Justin and Jocelyn Miller. The subject property is
guided LRD – Low Density Residential by the Future Land Use Map and zoned R-1-E, Single
Family Low Density. The subject property is unique in that it is a “Through Lot” and the front
of the house faces the north side yard rather than east onto East Saint Albans Road. The
Zoning Ordinance defines a Through Lot as a lot which is not a corner and has a pair of
opposite lot lines which abut upon a street other than alleys. More simply, this is a lot with
street frontage along both the front and back yards.
In this case, the subject property has street frontage along both the front yard (East St. Albans
Road) and the rear yard (Atwater Street in Minnetonka). As a result, both are technically
considered front yards by the Zoning Ordinance. The City’s fence regulations limit the height of
fences in front yards to 4 feet. For all practical purposes, the portion of the applicants’ property
along Atwater Street functions as their back yard. The applicants are requesting this conditional
use permit for a 6’ special purpose fence for screening from Atwater Street and the security of
his children and pet. This would exceed the 4 foot maximum fence height by 2 feet. The
applicant intends to meet all other fence requirements including the 25 percent openness
standard.
Conditional Use Permit. Conditional use permit applications are considered quasi-judicial
actions. In such cases, the City is acting as a judge to determine if the regulations within the
Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed.
Generally, if the application meets these requirements they are approved. In evaluating a
conditional use permit application, the City shall consider and require compliance with the
Special Purpose Fence requirements of 520.13, Subdivision 9 and the general conditional use
standards detailed in Section 525.13, Subdivision 15.
520.13, Subdivision 9. Special Purpose Fences. Fences for special purposes and fences
differing in construction, height or length may be permitted in any district in the city by the issuance
of a conditional use permit and by the council upon proof and reasons submitted by the applicant and
upon the signing by said bodies that such special purpose is necessary to protect, buffer or improve
the premises for which such fence is intended. The special fence permit, if issued, may stipulate and
provide for the height, location, construction and type of special fence thereby permitted.
Finding: Staff finds the proposed 6 foot wood privacy fence is necessary to protect and buffer
the applicants’ property in a reasonable manner consistent with the surrounding residential
neighborhood. In this case, the subject property has street frontage along both the front yard
(East St. Albans Road) and the rear yard (Atwater Street in Minnetonka). As a result, both are
technically considered front yards by the Zoning Ordinance. The City’s fence regulations limit
the height of fences in front yards to 4 feet. For all practical purposes, the portion of the
applicants’ property along Atwater Street functions as their back yard. The applicants are
requesting this conditional use permit for a 6’ special purpose fence for screening from Atwater
Street and the security of his children and pet. This would exceed the 4 foot maximum fence
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Page 3
height by 2 feet. The applicant intends to meet all other fence requirements including the 25
percent openness standard.
Section 525.13, Subdivision 15. General conditional use permit standards.
a) Consistency with the elements and objectives of the City's development plan, including the
comprehensive plan and any other relevant plans at the time of the request.
Finding: The 2030 Comprehensive Plan includes two goals that related to this application.
These goals related to maintaining compatible land uses with adjacent communities and
appropriate transactions between land uses. The subject property is single family use that
borders another single family neighborhood in Minnetonka. Both the adjacent property
owners in Minnetonka and the City were notified of this application. Staff finds the
proposed fence will help maintain both compatible land uses between Hopkins and
Minnetonka and appropriate transitions between the subject property and the surrounding
single family residential uses.
• Continue to emphasize compatible land uses between adjacent jurisdictions. Hopkins is
adjacent to the Cities of Minnetonka, Edina and St. Louis Park with similar land use
patterns occurring along most common borders. The City will continue to work with
adjacent jurisdictions to ensure seamless land use patterns along the respective borders,
particularly along Excelsior Boulevard.
• Maintain appropriate transitions between land uses. Hopkins is a fully developed
community and will likely see new development through redevelopment initiatives. The
City will work to ensure appropriate transitional uses and buffering between new and
existing land uses
b) Consistency with this ordinance.
Finding: The standards for fences are detailed in Section 520.13 and limit residential fences
in front yards (or any yard abutting a public right-of-way) to a maximum height of 4 feet.
These standards allow deviations from this standard through a conditional use permit for a
Special Purpose Fence. Staff finds the proposed 6 foot wood privacy fence is necessary to
protect and buffer the applicants’ property in a reasonable manner consistent with the
surrounding residential neighborhood.
c) Creation of a harmonious relationship of buildings and open spaces with natural site features
and with existing and future buildings having a visual relationship to the development.
Finding: This standard is not applicable to this application.
d) Creation of a functional and harmonious design for structures and site features, with special
attention to the following:
1.) An internal sense of order for the buildings and uses on the site and provision of a
desirable environment for occupants, visitors and the general community.
Finding: This standard is not applicable to this application.
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2.) The amount and location of open space and landscaping.
Finding: This standard is not applicable to this application.
3.) Materials, textures, colors and details of construction as an expression of the design
concept and the compatibility of the same with the adjacent and neighboring structures
and uses.
Finding: While the proposed special purpose fence will be two feet high than the 4 foot
maximum height standard, it will still be required to meet all other construction,
openness and maintenance standards for residential fences and will be compatible with
surrounding residential structures and uses.
4.) Vehicular and pedestrian circulation, including walkways, interior drives and parking in
terms of location and number of access points to the public streets, width of interior
drives and access points, general interior circulation, separation of pedestrian and
vehicular traffic and arrangements and amount of parking.
Finding: This standard is not applicable to this application.
e.) Promotion of energy conservation through design, location, orientation and elevation of
structures, the use and location of glass in structures and the use of landscape materials and
site grading.
Finding: This standard is not applicable to this application.
f.) Protection of adjacent and neighboring properties through reasonable provision for surface
water drainage, sound and sight buffers, preservation of views, light and air and those
aspects of design not adequately covered by other regulations which may have substantial
effects on neighboring land uses.
Finding: The proposed special purpose fence should enhance sound and sight buffer of
neighboring properties.
g.) The use will not be injurious to the use and enjoyment of other property in the immediate
vicinity for the purposes already permitted, nor tend to or actually diminish and impair
property values within the neighborhood.
Finding: The proposed special purpose fence will not be injurious to the use and enjoyment
of other property in the immediate vicinity or diminish and impair property values within the
neighborhood.
h.) In Institutional zoning districts, the Conditional Use Permit application shall comply with
the standards, conditions and requirements stated in Section 542.03 of this Ordinance.
Finding: Section 542.03 provides for standards related to a conditional use that includes
demolition or removal of dwelling units and does not apply to this application.
City Council Report 2018-071
Page 5
i.) Traffic impacts such as increases in vehicular traffic, changes in traffic movements, traffic
congestion, interference with other transportation systems or pedestrian traffic, and traffic
hazards shall be considered by the Planning & Zoning Commission and City Council in
evaluating an application for a Conditional Use Permit.
Finding: This standard is not applicable to this application.
Alternatives
1. Move to approve a conditional use permit for a special purpose fence at 2 – East Saint Albans
Road. Voting to approve the conditional use permit for the special purpose fence will allow
the applicant to construct a 6 foot high fence along their eastern property line.
2. Move to deny a conditional use permit for a special purpose fence at 2 – East Saint Albans
Road. Voting to deny the conditional use permit for a special purpose fence will require the
applicant to meet the typical fence regulation and limit any fence along their eastern property
line to 4 feet in height. Should the City Council select this alternative, the Council must also
identify findings that support this determination.
3. Continue for further information. If the Planning Commission indicates that further
information is needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2018-052
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT ALLOWING A 6 FOOT
HIGH SPECIAL PUROSE FENCE ALONG THE EASTERN PROPERTY LINE OF
2 - EAST SAINT ALBANS ROAD
WHEREAS, the applicants, Justin and Jocelyn Miller, initiated an application for Conditional
Use Permit (CUP) to allow a 6 foot high Special Purpose Fence along the eastern property line of 2 -
East Saint Albans Road; and
WHEREAS, this property are legally described as Lot 1, block 1, Bellgrove Addition, Hennepin
County, Minnesota; and
WHEREAS, the procedural history of the application is as follows:
1. That Planning Application 2018-06-CUP for a conditional use permit was initiated by the
applicant on April 23, 2018; and
2. The Hopkins Planning & Zoning Commission, pursuant to published and mailed notice,
held a public hearing to review such application on May 22, 2018 and all persons present
were given an opportunity to be heard; and
3. That written comments and analysis of City staff were considered; and
4. The Hopkins Planning & Zoning Commission voted 6-0 during their May 22, 2018
regular meeting to recommend the City Council approve this request; and
5. The City Council reviewed this item during their June 5, 2018 regular meeting and
agreed with the findings and recommendations of the Planning & Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves a Conditional Use Permit for a Special Purpose Fence along the eastern property line of
2 – East Saint Albans Road based on the findings detailed in City Council Report 2018-071 and subject
to the conditions listed below:
1. Issuance of an administrative fence permit.
2. Conformance with all other construction, openness and maintenance standards for
residential fences.
Adopted this 5th day of June 2018.
_______________________
Molly Cummings, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
Site Location Map 2 – East Saint Albans Road
Inset Map Showing
Proposed Fence