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CR 95-222 Screen Fence N Side CTYRD3November 30, 1995 0 P K Council Report 95 -222 CONDITIONAL USE PERMIT -- SCREEN FENCE ALONG NORTH SIDE OF COUNTY ROAD 3 FROM 17TH AVENUE TO 20TH AVENUE SOUTH Proposed Action. Staff recommends the following motion: Move to approve Resolution 95 -115, approving a conditional use permit to construct a seven foot high fence from 17th to 20th Avenues on the north side of County Road 3. At the Zoning and Planning meeting, Ms. Kinnich moved and Mr. Brausen seconded a motion to approve Resolution RZ95 -33, recommending approval of a conditional use permit to construct a fence from 17th to 20th Avenue on the north side of County Road 3. The motion carried unanimously. Overview. In conjunction with the County Road 3 improvements from Shady Oak Road to 1 lth Avenue that will be taking place in 1996, the City is proposing to construct a seven -foot high fence on the north side of County Road 3 from 17th Avenue to 20th Avenue. The residents along County Road 3 have requested a fence because County Road 3 will be moved further to the north with the improvements. One home will be approximately five feet from the sidewalk. The fence will be located approximately one and one -half feet from the back of the sidewalk. The proposed fence will not be a solid wall along County Road 3. There will be breaks for driveways that have access onto County Road 3. A conditional use permit is required because of the proposed height of the fence. Primary Issues to Consider. o Why is a conditional use permit needed? o What are the specifics of the fence? o What occurred at the Zoning and Planning meeting? o What are the costs and how will it be funded? Supporting Documents. o Analysis of Issues. o Fence plans. o Letter to Residents. o Resolution 95 -115. Nancy 'fJ Anderson, AICP Planner Primary Issues to Consider. Alternatives. CR95 -222 Page 2 o Why is a conditional use permit needed? A conditional use permit is required for all fences that differ in height and construction than allowed by the zoning ordinance. The zoning ordinance allows a maximum height of six feet for a fence in a residential district. o What are the specifics of the proposed fence? The proposed fence will be approximately 900 feet and constructed of cedar with eight foot panels. The proposed fence will not be painted, and will slowly turn a gray color. The zoning ordinance allows an opaque fence along State and County roads. The fence will be seven feet in height. The fence is fairly heavy construction and should be fairly easy to maintain. The area between the sidewalk and fence will be maintenance free. The area between the sidewalk and fence will be maintenance free. o What occurred at the Zoning and Planning meeting? Steve Stadler, the Public Works director, reviewed the need for the fence. At the public hearing, several of the affected residents spoke in favor of the fence. Mr. Blair was concerned with the visibility for the residents backing onto County Road 3 with the fence. Mr. Stadler stated that visibility was a concern, and when the fence is constructed, the visibility for the cars backing onto County Road 3 will be considered and the fence altered, if needed. o What is the cost and how will it be funded? The cost for the fence will be approximately be $15,000 - $20,000. The fence will be funded as part of County Road 3 project. At this time, it is uncertain whether the County will help pay for this fence -- negotiations are underway. 1. Approve the conditional use permit. By approving the conditional use permit, the City will construct a seven foot high fence on the north side of County Road 3 from 17th Avenue to 20th Avenue. 2. Deny the conditional use permit. By denying the conditional use permit, the City will not be able to construct a seven foot high fence from 17th Avenue to 20th Avenue. 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. MINIM O N > . •• • • 4 . > • 4 . • . , . , > . . > >• > 4. . . L. • ' °. WaI) , • r . . . > • L_ • > > . _ > . , . > > > .L • 3 0 > 4 > • • 4 • INJ 0 x 1 z 1 • Cross Sethion f 5t ‘.5, OH 11 I 11 11 I I I 20TH AVENU 1,1 1 9 TH A 11 11 11 11 11 11 11 1 i 1 1 1 1 9 TH A I ----I- -1 I I I I I I 11 I I 1 1 I I I I I I I I i I P I I I I I I I I I I I I I 11 I I 18 Ti . A. Vr [ • November 15, 1995 Kenneth & Marian Grandner 130 19th Avenue South Hopkins, MN 55343 Sincerely, Steven J. Stadler Director of Public Works enc. C I T Y O F H O P K I N S Dear Mr. & Mrs. Grandner; Provided for your information and comment is a revised concept plan sheet for a screening fence along Excelsior Boulevard. The revised plan incorporates the general desires expressed at our public meeting. They include: 7 foot high fence (I am proposing a 7' high fence . fence concept will allow more screening than a 6' having a residential appearance.) o The new concept calls for a finished look on b fence. The proposed fence is solid, i.e. no openings. Fence materials would be cedar. as I believe this fence while still oth sides of the This is the fence plan that will be presented for approval at the Zoning and Planning Commission public hearing on November 28th. You should have received a notice of the public hearing. Your comments and questions on this proposal are welcome. Some changes to this design will still be possible after Zoning and Planning and City Council approval. However, I cannot change the general location or fence height after City Council approval (December 5th City Council Meeting). Exact placement of the fence to ensure adequate sight distances will be done during final design. I will be out of the _ office until after Thanksgiving. So if you have questions or concerns please don't hesitate to call Jim Gessele, Engineering Supervisor at 939 -1356. He and /or Mark Koegler, Landscape Architect should be able to answer questions. cc: Jim Gessele, Engineering Supervisor Mark Koegler, Landscape Architect 1010 First Street South Hopkins, Minnesota 55343 Phone: 612- 935 -8474 Fax: 612 935 - 1834 An Equal Opportunity Employer Adopted this 5th day of December, 1995. ATTEST: James A. Genellie, City Clerk CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 95 -115 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A SEVEN FOOT HIGH FENCE FROM 17TH - 20TH AVENUES ON THE NORTH SIDE OF COUNTY ROAD 3 WHEREAS, an application for Conditional Use Permit CUP95 -11 has been made by the City of Hopkins; and WHEREAS, the procedural history of the application is as follows: 1. That an application for a Conditional Use Permit, CUP95 -11, was made by the City of Hopkins on October 27, 1995; 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 November 28, 1995: all persons present were given an opportunity to be heard; and 3. That the written comments and analysis of City staff were considered; NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP95 -11 is hereby approved based on the following Findings of Fact: 1. A seven -foot high fence is needed because of the closeness of the sidewalk to the existing homes after the improvements to County Road 3. Charles D. Redepenning, Mayor