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CR2002-148 CUP Fence-275 Cottage Downs , G \ T Y 0 f- ~ HOPKINS . August 28, 2002 Council Report 02-148 CONDITIONAL USE PERMIT - FENCE Proposed Action. Staff recommends the following motion: Move to adopt Resolution 02-80, approving a conditional use permit to construct a fence higher than six feet. At the Zoning and PlaMing meeting Mr. Bartz moved and Mr. Szuba seconded a motion to approve Resolution RZ02-20, recommending approval of a fence higher than six feet at 275 Cottage Downs. The motion was approved unanimously. Overview. Debra and Charles Goldenberg have constructed a three-foot retaining wall on the east side of their property at 275 Cottage Downs, On top of the retaining wall, a six-foot wood fence has been constructed, The fence was constructed to enclose the pool. On two of the corners of the property the retaining wall stops and the fence ends. The applicants would like the fence to be the same height across the whole east side. There would be two sections near the house. The first section is 11 feet wide and 108" in height and the second approximately five feet wide and 108" high. The section in the rear of the property is almost seven feet wide . and 1 08" high. A minimum of a four-foot fence is required for a swimming pool. Primary Issues to Consider. . What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? . What section of the ordinance requires a conditional use permit for a fence? . What are the specifics of the fence? . What was the discussion at the Zoning and Planning meeting? Supporting Documents. . Analysis of Issues . Resolution 02-80 . Site Plans ,I Of' . Anderson, AICP . Financial Impact: $~N/A Budgeted: YIN Source: - Related Documents (CIP, ERP, etc,): Notes: CR02-148 Page 2 . Primary Issues to Consider. . What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The property is zoned R-I-D, Low Density Multiple Family. The Comprehensive Plan has designated the property as residential. . What section of the ordinance requires a conditional use permit for a fence? 520.13 , Subd. 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, locations, construction and type of special fence thereby permitted. . What are the specifics of the fence? The applicants have constructed a six-foot wood fence on the top of the retaining wall. There are two arcas on their property where the retaining wall ends and the fence would have to be . higher than six feet to match with the fence on the retaining wall. There would be two sections near the house. The first section is 11 feet wide and 108" in height and the second approximately five feet wide and 1 08" high, The section in the rear of the property is almost seven feet wide and 1 08" high. . What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the fence request with the Commission. Charles Goldenberg appeared before the Commission. Mr. Goldenberg stated that the retaining wall was constructed to make the back yard more functional. No one appeared at the public hearing regarding this issue. Altern atives. 1. Approve the fence. By approving the fence, the applicant will be able to construct the fence as proposed. 2. Deny the fence. By denying the fence, the applicant will not be able to construct the fence as proposed. Ifthe City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information, lfthe City Council indicates that further information is . needed, the item should be continued. . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 02-80 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A FENCE WHEREAS, an application for Conditional Use Permit CUP02-7 has been made Debra and Charles Goldenberg; WHEREAS, the procedural history ofthe application is as follows: 1. That an application for a conditional use permit was made by Debra and Charles Goldenberg on August 7, 2002; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the application and reviewed such application on August 27, 2002: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered; and . 4. A legal description of the subject property is as follows: The west 27 feet of Lot 5 and the east 73 feet of Lot 6, Block 4 Knollwood Addition. NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP02-7 hereby approved based on the following Findings of Fact: 1. That the fence is needed to secure the swimming pool. Adopted this 3rd day of September 2002. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk . -- . Goldenberg- 275 Cottage Downs Pro posal: We have just completed building a 3 foot retaining wall on the east side of our property. (Picture A) However, the retaining wall does not run the whole length of our yard. There are two sections (Fig. Band C lie 2 ), on both ends of the wall, that are not built up by the retaining wall. The fence on top of our retaining wall is 72" high. We would like the fence, on either ends of the retaining wall, to match that height so the fence can be one height the whole way across the yard. It would require Section B to be 82" wide and 108" high from ground level. Sections Cl/C2 make a right angle at the northeast comer of our house. Sections Cl is 11 feet wide and would be 108" high from ground level and C2 is 58" wide and would also be 108" high from ground level. This fence is necessary to enclose our property due to our swimming pool in the backyard. Because ofa safety issue, we hope that this matter can be . addressed in a timely matter. I . Picture A Figure B - --- - - Figure Cl . Figure C2 .