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CUP 87-14 ����� � � CITY OF HOPKINS Application for: Amendment of Zoning Ordinance Date: �- j- ��7 Concept Review Condi ti onal Use Permi t ,/ Case No: ��%/ � 'S7-/� Subdivision Approval ��_. %;�- Variance Fee: � J � Waiver of Platting Requirements Date Paid: �-/-�� � 1. Street Location of Property: �-�/ � ��;�,��.��^(� �.�,,.� �~� .;% ' � 2. Legal Description of Property:y�i�, r� � �f f c,-�-or,� ` ��r��1�c�., �� K - 3. Owner: Name��" �:-r,,-- �� � � r'.��'-�-'��ddress ,�,,;.-�.;��:J���.�;r}. � Phone 4. Applicants Name: � � �� Address � � � � Phone�� � � 5. Description of Request: � � . , �' -- � ` c' - � r J/ /� / /' % i \) �� �/�/� C/`\! f%/� — 'i ��"l' c��•�•^l ,- �..(_l'�^�E-�•�,- -f_��'�' / �/ `��: Zoning District Use 6. Present Proposed 7. Present Proposed 8. Reason for Request��F'�1--� � ', �f; �'.,- / ;�l-�' �, �'",,-.�,• .-� .,� , � r- � -P .��•� :� T�—T_' �,1' 'f' �' � l //;/� /�r'�' ��` ^ �i—' � / �l �!"'-� -%� i 1 � •' . . `..' i . �.`l . ' � . ` , ' ' './ -. ' ' /. .yl ,- . ... . � ; '/�f d- .' ;� / G ,/• �_ r• �: i-�{ .- .•� •, , ��. . / 9. What error, if any, �n the existing Ordinance would be corrected by the proposed amendment? (for Zoning Ordinance amendment only) 10. If request is for a variance, what hardship would justify approval (see 427.04(108) of the Zoning Ordinance) . � �7 , .`,! _ �. " � _. l, _ . � .,� • 11. Exhibits submitted: f�ap or plat showing the lands proposed to be changed Other �� < � "'`?. Acknowledgement and Signature: The undersigned hereby represents upon all of the pen- alties of law, for the purpose of inducing the City of Hopkins to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Hopkins and the laws of the State of Minnesota. � ,.- � � � ,►,,,. •► �• -{ � � ,�, Signature of Applicant: � �� � �E'"�� `�",�' r�'�3� ' ' � i,,` ' - �" ; s Sianature of �wner: � . � RECORD OF ACTION TAKEfd BY PLANNING & ZONING COMMISSION Date: 5/26/87 � Application for Conditional Use Permit - Fence CASE N0: CUP87-14 PLANNING COMMISSION RECOMMENDATIONS On the 26 day of Ma 19 87 , the action requested in the foregoing petition was approved ( � disapproved subject to the following conditions: l. The fence will be made of cedar and maintained to an acceptable The fence will not exceed six feet in height. Chairman: CITY COUNCIL ACTION Approved X Denied by the Council this 2 day of June 19 87 Approved with following amendment: Approved as recommended by Zoning & Planning Resolution No. �7-55 �� C 1 e r k: �--�• �Z-c��� �t-�9'��"_'� � Following to be filled in by City Action of City Officials Chronolo Date B Rec'd by Bldg Dept. Published by Bldg Dept. On Pl . Comn. Agenda 5 26 87 JK Pl . Comm. Postponement ; � t i , IPI . Comm. Action � 5/26/87 JK Recommend approval with Conditions as stated ; above. i I i0n Council Agenda 6 2 87 JK , ' , � � ! ;Council Postponement ; , � � • � � i ' I � 'Council Action + 6/2/37 I JK Approved - Resolution No. 87-55 ` i NOTE: A Conditional Use Permit shall expire one year after it has been issued unless the use for which the permit has been granted is in effect, except that, upon written application of the owner of the effected land for which the permit was granted prior to the end of said year may request and the Council may grant an n�rr,..�;nn nnh hn nvrnoii nno �rnar �� Citv Council Report May 27 , 1987 CONDITIONAL USE PERMIT - FENCE 1417 Boyce Street PURPOSE: To review and recommend action on an application to build a special purpose fence . BACKGROUND: See staff report to Zoning and Planning Commission . The applicant , Jeff Mackenstadt , appeared before the Commission . Mr. Maekenstadt presented a letter from the neighbor on the West side of his property who has no ob�eetion to the fence . He also stated St . John' s has no ob�eetion to the fence . RECOMMENDATION: The Commission approved the Conditional IIse Permit unanimously with the following Findings of ^ Fact and Conditions : 1 . The fenee is necessary to protect and buffer the applicants property from the playground . 2 . Use abutting sideyard where sub�ect fenee is to be constructed is more intense than that of a single family dwelling. 3 . Special Use Fence is allowed by Conditional Use Permit Conditions: 1 . The fence Kill be made of cedar and maintained to an acceptable standard . 2 . The fence will not exceed 6 feet in height . Respectfully submitted , � Nancy . Anderson Commun ty Development Analyst --- _ � NQ. 87 119 -� RESOLUTION N0: 87-55 CITY OF HOPKINS HENNEPIN COUNTY , MINNESOTA RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR CONDITIONAL USE PERMIT CIIP87-14 WHEREAS, an application for a Conditional Use Permit entitled CIIP87-14 has been made by Jeff Mackenstadt , 1 �17 Boyce Street , to construct a 6 foot high fence along the side yard abutting St . John' s Church . WHEREAS, the procedural history of the application is as follows: 1 . That an application for Conditional Use Permit CUP87-1 �1 Was filed with the City of Hopkins on May 1 , 1987 . 2 . That the Hopkins Planning Commission reviewed such application on May 26 , 1987 . 3 . That the Hopkins Planning Commission , pursuant to published and mailed notiees , held a public hearing on May 26 , 1987 ; all persons present at --� the hearing were given an opportunity to be heard . 4 . That the written comments and analysis of the City staff and the Planning Commission were considered . NOW THEREFORE , BE IT RESOLVED � that the Hopkins City Council makes the following Findings of Faet in respect to CUP87-14 : 1 . The fence is necessary to protect and buffer the applicants property from the playground . 2 . Use abutting sideyard where sub�ect fence is to be constructed is more intense than that of a single family dWelling . 3 . Special Use Fence is a1loWed by Conditional Use Permit BE IT FURTHER RESOLVED , that application for Conditional Use Permit CUP87-14 is hereby approved sub�eet to the folloWing Conditions : 1 . The fenee will be made of cedar and maintained to an acceptable standard . 2 . The fenee will not exceed 6 feet in height . Adopted this 2nd day of June , 1987 • ---� Ellen Lavin , Mayor �--� �P(annin� Cornrnission Report� CONDITIONAL USE PERMIT - SPECIAL PURPOSE FENCE 1417 Boyce Street PLANNING COMMISSION REPORT N0: CUP87-14 MAY 14 , 1987 PURPOSE: To review and recommend action on an application to build a special purpo9e fenee . BACKGROUND• Name of Applicant : Jeff Mackenstadt Address of Property: 1417 Boyce Street Present Zoning: R-1 -C Reason for Request : Enclose yard because applicant has a pet dog. Nature of Request : Ordinanee allows a ^ special purpose fence with a Conditional Use Permit The applicant is requesting to build a 6 foot high fence along his side yard abutting St . John' s Chureh . A three and one-half foot fenee is allowed by ordinanee without a Conditional Use Permit . Ordinanee 520 . 13 Subd 9 states : Special purpose fences : Fenees for special purposes and fenees differing in construction , height or length may be permitted in any distriet in the City by the issuance of a Conditional Use Permit and by the Couneil upon proof and reasons submitted by the applicant and upon the signing by said bodies that sueh special purpose is necessary to protect , buffer or improve the premises for whieh such fence is intended . The special fenee permit , if issued , may stipulate and provide for the height , location , construction and type of special fence thereby permitted . " The applicant has his dog and kennel in the side yard � that abutts St . John' s playground . The applicant is " No. �� concerned that the ehildren can tease the dog or possibly the dog may bite a child . With a 6 foot fence the dog will be screened from the children. The fence material will be cedar . The applicant has contacted St . John' s . The church has found the fence to be acceptable . ANALYSIS: The ordinanee gives the Council the option to approve special purpose fenees . The applicant does possess the requirements necessary of protecting , buffering or improving the premises for whieh such fence is intended . A 3 1 /2 foot fence would not allow proper protection or screening for the dog or children . The fenee as proposed is for the safety of the children at St . John' s . Because the fenee will be adjacent to a more intense use than a single family residence it should not have any major negative impact . ALTERNATIVES• 1 . Approve . the Conditional Use Permit . 2 . Deny the Conditional Use Permit . � RECOMMENDATION: I recommend Alternative �1 . The following are suggested Findings of Fact and Conditions should the Commission recommend approval : 1 . The fence is necessary to protect and buffer the applicants property from the playground . 2 . Use abutting sideyard where subject fence is to be constructed is more intense than that of a single family dwelling. 3 . Special Use Fence is allowed by Conditional Use Permit Conditions: 1 . The fence will be made of cedar and maintained to an acceptable standard . 2 . The fence will not exceed 6 feet in height . Respectfully submitted , ( Qmc� Naney . Anderson ^ Commun ty Development Analyst