CR 05-137-CUP- Fence, 213 9th Ave N
CITY OF
&
September 28, 2005
HOPKINS
Council Report 05-137
CONDITIONAL USE PERMIT - FENCE
Proposed Action.
Staff recommends the following motion: Move to ado1;lt Resolution 05-96, approving a
conditional use permit to construct a fence at 213 Ninth Avenue North.
At the Zoning and Planning meeting Ms. Hatcher moved and Ms. Aristy seconded a motion
to adopt Resolution RZ05-30, recommending approval of a conditional use permit to
construct a fence at 213 Ninth Avenue North. The motion was approved unanimously.
Overview.
Christian Sanchez, the applicant, is proposing to construct a six-foot solid fence on the south
side of the property at 213 Ninth Avenue North. The south side of Mr. Sanchez's home
abuts the Church of the Cross parking lot. The parking stalls abut the applicant's side yard,
where the bedrooms face the south side.
The Zoning Ordinance allows a four-foot fence and six-foot fence in this location, both of
which must be 25 percent open. The Zoning Ordinance allows a conditional use permit to be
granted for fences that differ from the ordinance in height and density.
Primarv Issues to Consider.
. What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
. What section ofthe ordinance requires a conditional use permit for a fence?
. What are the specifics of the fence?
. What is the staff recommendation?
. What was the discussion at the Zoning and Plauning meeting?
Supportinl!: Documents.
. Analysis ofIssues
. Resolution 05-96
. Site Plans
~ C1rr!O,^",-I)(jY\
Nanc . Anderson, AICP
Planner
Financiallmpact: $_N/A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CR05-137
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-l-A, Single and Two-Family High Density. 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 applicant wants to construct a six-foot, maintenance-free vinyl fence on the entire south
side of his home and connect the fence to the home in the front and to the garage in the rear.
· What is the staff recommendation?
There is a parking lot for a church on the south side of the property, and the bedroom
windows abut the parking lot. In this situation, staff recommends approval because a solid
six-foot fence would buffer the home from the parking lot.
· What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed fence. Christian Sanchez, the applicant, appeared
before the Commission. Mr. Sanchez stated that there are 14 parking stalls next to his home
and he does not want to look at the cars. No one appeared at the meeting regarding this
item.
Alternatives.
1. Approve the fence. By approving the fence, the applicant will be able to build the fence
as proposed.
2. Deny the fence. By denying the fence, the applicant will not be able to construct the
fence as proposed. If the City Council considers this alternative, findings will have to be
identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 05-96
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A FENCE
WHEREAS, an application for Conditional Use Permit CUP05-6 has been made by Christian
Sanchez;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a conditional use permit was made by Christian Sanchez
on August 26, 2005;
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 September 27, 2005: 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:
Lot 16, Block 87, West Minneapolis, 2nd Division
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit
CUP05-6 is hereby approved based on the following Findings of Fact:
1. That the proposed fence will provide privacy to the applicant's home from the
church parking lot.
Adopted this 4th day of October 2005.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
Sanchez
213 9th Ave N, Hopkins, MN 55343
WEST MINNEAPOLIS 2ND DIVISION
Lot 016, Block 087, Abstract
0= 3'x3'
201 9th Ave N
Church ot the Cross
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Parking
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Parking
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Church Entrance
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Parking
Gate
213 9th Ave N
Froni Yard
Bedroom Window
Bathroom Window
Bedroom Window
Back Yard
Windsor Privacy Fence Panel
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Existina Fence
Drtveway
Model # 73002103
6' x6' WindsorPrivocy I'er1o$ Ponal-ActuaISize-6fl.3/8" x 67-3/4"
Parts you will need:
Fence Post Kit
Model # 73002139 -4-3/4" x 4-3/4" -105" Fence Post Kit
4oz. VinYl Adhesive
Model # 73002192
Adheslv;'t~.
Gate
Model # 73002102
6' x 44-1/4" Windsor Gale
Actual Size. 68-3/8" x 44-1/4"
Garage
A1",Avolloblooin
Wicket & Gray
Gate
fence Post Kit
Alley
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