CR 92-62 Ordinance Amendment - Industrial Fences
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Cauncil Repart CR92-62
February 27, 1992
ORDINANCE AMENDMENT - INDUSTRIAL FENCES
Pro~osed Action.
Staff recommends the follawing mation: Mave to approve
Resolution 92-22 approvinq far first readinq Ordinance 92-
706 to require a setback far fences in the industrial
districts abuttinq a riqht-af-way.
Mr. winship moved and Ms. Reuter seconded the motian to.
apprave Resolutian RZ92-4 recammending approval of Ordinance
92-706 to require a setback far fences in the industrial
districts. The matian carried unanimausly
Overview.
At the December 3rd City Cauncil meeting, the Council asked
if the fence requirements far industrial districts cauld be
reviewed. The Cauncil's cancern was that buildings are
required to. have a setback, but fences do nat have a
setback. It appeared the frant yard was the specific area
af concern.
The attached ardinance will require fences in the industrial
district that abut a right-af-way af 50 feet or mare to have
the minimum setback as required by a building.
Staff r~viewed the praposed ardinance. There was little
discussion an this it.em. Mr. Pavelka cpened the public
hearing at 9:30. Being there was no. ane to. speak on this
issue the pUblic hearing was clased at 9:31.
Primary
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Issues to Consider.
What ,setback will a fence be required to. have in
the industrial districts?
will the existing fences be affected?
Do. other cities allaw fences in the front yard
setback?
SUDDortinq Documents.
a Analysis af Issues
o Resolutian 92-22
o Ordinance 92-706
~~ On:l.OJlDml
Nanc S. Anderson
Plann r
CR92-62
Page 2
primary Issues to Consider.
o What setback will a fence be required to have in the
industrial districts?
All fences in the industrial district will be required to
have the same setback as the building if the praperty abuts
a right-af-way 50 feet ar mare in width. The usual setback
is 20 feet. If an industrial building abuts a residential
district, this setback is increased to. 50 - 75 feet.
The proposed Ordinance will also. require the setback area to
be landscaped.
o will the existing fences be affected?
The existing fences will be grand fathered and will be
allowed to. remain as lang as are nat replaced ar destrayed
50% or mare. Any fence that is replaced will have to meet
the new ardina.nce requirements.
o Do other cities allow fences in the front yard setback?
In checking a few ather cities ardinances, most do. nat
detail fences in their zoning ardinance. Hawever, Maple
Grave allaws fences nat aver six feet in height and the
fence must be chain link. Plymauth's ordinance did nat
state that a fence cauld nat be in the front yard, however
it did state there was no. apen storage allawed in the frant
yard. It is very camman in ather cities nat to allaw
starage in the frant yard.
Alternatives.
1. Apprave the resalutian to apprave the Ordinance to
require a setback far fences in the industrial
districts. By appraving the resalutian, fences will be
required to have a setback in industrial districts.
2. Deny the resalutian to. approve the Ordinance to require
a setback for fences in the industrial districts. By
denying the resalution, fences in the industrial
district will not be required to. have a setback.
3. Appraval of the Ordinance with changes.
4. continue for further informatian. If the city cauncil
indicates that further infarmation is needed, the item
should be cantinued.
CITY OF HOPKINS
Hennepin Caunty, Minnesata
RESOLUTION NO: 92-22
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN APPLICATION FOR AN ORDINANCE AMENDMENT
WHEREAS, an application far an ardinance amendment ZN 92-2
made by the City af Hopkins is appraved.
WHEREAS, the pracedural histary af the application is as
follows:
1. That an applicatian for an ardinance
amendment ZN 92-2 was filed with the City of
Hopkins an January 28, 1992.
2. That the Hapkins Planning Commission reviewed
such application an February 25, 1992.
3. That the Hapkins Planning Cammissian,
pursuant to. published and mailed natice, held
a pUblic hearing an February 25, 1992: all
persons present at the hearing were given an
apportunity to be heard.
4. That the written camments and analysis af the
City Staff and the Planning Cammission were
cansidered.
NOW THEREFORE BE IT RESOLVED, that applicatian far ZN 92-2
is hereby appraved based an the follawing Findings
of Fact:
1. It has been determined that to. pratect the public
health, safety, and welfare, and pravide adequate
space between the public right of way and fences,
that fences in the industrial districts will be
required to. have a setback.
Adopted this 2nd day of March, 1992.
Nelson W. Berg, Mayar
ATTEST:
James A. Genellie, City Clerk
CITY OF HOPKINS
Hennepin Caunty, Minnesata
ORDINANCE NO. 92-706
AN ORDINANCE REQUIRING SETBACKS FOR FENCES IN THE 'INDUSTRIAL
DISTRICTS
BE IT ORDAINED by the City Cauncil of the City af
Hcpkins as follows:
That section 520.13 Subd. 8. is revised to the
fallowing:
Subd. 8. Industrial district fences. Property line fences
in an I district shall nat exceed eight feet in height
except that:
a) fence in industrial districts which are primarily
erected as a security measure may have arms prajecting into
the applicant's prcperty an which barbed wire can be
fastened commencing at a paint at least seven feet above the
ground, and .
b) if a fence in the industrial district abuts a
right-of-way that is 50 feet ar mare in width, the fence
shall have the required setback of a building. Ornamental
fences used for landscaping purposes are excluded. The
setback area shall be landscaped according to a plan
approved by the City.
That the presently existing Hapkins Zoning Ordinance
515-570 is hereby amended and changed in accordance with the
above provisions.
First Reading: March 2, 1992
Second Reading: March 17, 1992
Date of publicatian: April 1, 1992
Date Ordinance Takes Effect: April 21, 1992
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, City Clerk