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CR 09-080 Conditional Use Permit - FenceCITY OF I* September 30, 2009 y O P K I N S Council Report 09 -80 CONDITIONAL USE PERMIT — FENCE Proposed Action Staff recommends the following motion: Move to adopt Resolution 09 -50, approving a conditional use permit for a special purpose fence at 22 - 14 Avenue North to remain. At the Zoning and Planning meeting, Mr. Hatlestad moved and Ms. Flynn seconded a motion to adopt Resolution RZ09 -2, recommending approval of a conditional use permit for a special purpose fence at 22 - 14 Avenue North to remain. The motion was approved unanimously. Overview In 2006 a conditional use permit was granted for the fence at 22 - 14 Avenue North. The applicants' son had autism, and the higher fence between homes was needed for less stimulation. One condition on the fence was that the fence was to be removed when the applicants' moved. The applicants that received the conditional use permit moved in December 2008, and because it was winter only the fence sections were removed. In the spring the new homeowners put the fence sections back. The new owners were notified of the requirement to remove or alter the fence sections. The new owners have a child with Asperger's syndrome and are applying for a conditional use permit to allow the fence to remain. Primary Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? • What does the ordinance state regarding a special purpose fence? • What are the reasons for the fence? • Should the same condition be attached to the new applicant as the former applicants? • What was the discussion at the Zoning and Planning meeting? Supporting Documents • Analysis of Issues • Staff report from 2006 • Resolution 09 -50 q6u� ltD Nancy . )Anderson, AICP Planner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CR09 -80 Page 2 Primary Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The subject property is zoned R -1 -A, Single and Two - Family High Density. The Comprehensive Plan has designated the site as low density residential. • What does the ordinance state regarding a special purpose fence? Special pumose 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, location, construction and type of special fence thereby permitted. What is the reason for the fence? The applicant stated that her child gets agitated by the thought of the neighbor's looking at their house. The higher fence does a better job of blocking the abutting homes from their yard. • Should the same condition be attached to the news applicant as the former applicants? Yes. Staff would recommend that the fence be removed or altered to meet the fence requirements when the new applicant moves, as per the original conditional use permit. • What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the reasons for the fence. Ikuko Babcock, the applicant, appeared before the Commission. Ms. Babcock stated that her son has Asperger's syndrome and the fence helps. No one appeared at the public meeting regarding this item. Alternatives 1. Approve a conditional use permit to allow the fence to remain. By approving the conditional use permit, the fence will be allowed to remain. 2. Deny a conditional use permit to allow the fence to remain. By recommending denial of the conditional use permit, the will have to be removed. If the City Council recommends 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: 09 -50 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING TO KEEP A SPECIAL PURPOSE FENCE AT 22 - 14 AVENUE NORTH WHEREAS, an application for Conditional Use Permit CUP06 -2 has been made by Ikuko Babcock; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by Ikuko Babcock; 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 29, 2009: 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 6, Block 73 West Minneapolis 2nd Division NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP09 -1 is hereby approved based on the following Findings of Fact: 1. That the proposed fence was constructed with the intention of keeping an autistic child in the yard. BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP09 -1 is hereby approved based on the following conditions: 1. That at such time that the applicant is no longer the owner of the subject property, the conditional use permit will terminate. Adopted this 6th day of October 2009. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk September 18, 2006 Planning Report CUP06 -2 CONDITIONAL USE PERMIT — FENCE Proposed Action Staff recommends the following motion: Move to adopt Resolution R; approval of a conditional use nermit for a special pumose fence at 22 - Overview The applicant, Susan Parker, the owner of 22 - 14 Avenue North, had a fence constructed on her property. The fence was purchased through Home Depot, and Midwest Fence did the actual construction. There was a misunderstanding on who was going to get the fence permit, and the result was that a fence permit was not taken out. The fence does not meet the ordinance requirements. Six -foot fences are not allowed between homes. The applicant's fence is six feet to the front of the house. The applicant was notified of the fence violation and has applied for a conditional use permit to allow the fence to remain. Because of the mix -up, Midwest Fence will fix the fence if the conditional use permit is not granted. Primary Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? • What does the ordinance state regarding a special purpose fence? • What are the reasons for the fence? Supporting Documents • Analysis of Issues • Fence Plans • Letter from Applicant • Resolution RZ06 -21 Nancy S. Anderson, AICP Planner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CUP06 -2 Page 2 Primary Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The subject property is zoned R -1 -A, Single and Two Family High Density. The Comprehensive Plan has designated the site as low density residential. • What does the ordinance state regarding a special purpose fence? 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, location, construction and type of special fence thereby permitted. • What are the reasons for the fence? The fence was put up to keep the applicant's autistic child in the yard. Alternatives. 1. Recommend approval to amend the conditional use permit to allow the fence to remain. By recommending approval of the conditional use permit, the City Council will consider a recommendation of approval. 2. Recommend denial to amend the conditional use permit to remove the fence. By recommending denial of the conditional use permit, the City Council will consider a recommendation of denial. If the Planning Commission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the Planning Commission indicates that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 06 -62 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A SPECIAL PURPOSE FENCE AT 22 -14 AVENUE NORTH Parker; WHEREAS, an application for Conditional Use Permit CUP06 -2 has been made by Susan WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by Susan Parker; 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 26, 2006: 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 6, Block 73 West Minneapolis 2 nd Division NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP06 -2 is hereby approved based on the following Findings of Fact: 1. That the proposed fence was constructed with the intention of keeping an autistic child in the yard. BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP06 -2 is approved based on the following conditions: 1. That at such time that the applicant is no longer the owner of the subject property, the conditional use permit will terminate. Adopted this 3rd day of October 2006. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk