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Cond. Use Permit-533 E. Park Valley Dr.U August 22, 1988 Planning Report: CUP88 -14 CONDITIONAL USE PERMIT - WELLENS 533 East Park Valley Drive Proposed Action. Staff recommends approval of a special purpose fence to be located between two homes. Approval of this motion will allow the applicants to construct a foot cedar fence between two homes. Overview. The applicants want to build a 6 foot cedar fence between their home and their neighbors home. This fence would start at the front of the applicants home and run the distance of the sideyard. The applicants are proposing to place the fence 40" from their home. The ordinance allows a 3 1/2 foot fence between homes (this is currently proposed to be 4 feet). Staff is recommending approval because the fence will protect and buffer the applicants home. The proposed fence will be close to the applicants home and is at a lower elevation than the neighbors property. Issues to Consider. o Does the subject fence special purpose fence? Supporting'Information. o Background o Location Map I itiL2. •I I Nancy Anderson Commu ity Development Analyst meet the requirements for a o Site Plan o Resolution Detailed Background. The ordinance states "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." The subject fence will run in line with the eaves of the applicants home. The original building permit shows a 5 foot setback from the side lot line. The fence will be 20" from the property line. The applicants neighbors home is at an elevation of approximately 1 foot above the applicants home. CUP88 -14 Page 2 Does the subject fence meet the requirements for a special purpose fence? The ordinance requires that a special purpose fence may be permitted if the fence is necessary to protect, buffer or improve. The proposed fence will protect and buffer the applicants home. The homes are close together in Park Valley. The applicants home is situated in such a way that the bedrooms and bathroom face the neighbors home. The neighbors driveway is ten feet from the applicants home. There is approximately a foot difference in elevation between the applicants home and the neighbors home. The proposed fence will not appear to be a 6 foot fence but a 5 foot fence. If the applicant was only able to construct a 3 1/2 foot fence it would appear as a 2 1/2 foot fence because of the change in elevation. The neighbor did contact me about the fence. The neighbor was upset that the Wellens did not discuss this with them. The neighbor did not state her feelings for or against. Alternatives. 1. Approve the Conditional Use Permit to construct a 6 foot cedar fence between two homes. By approving the Conditional Use Permit the applicants will be able to construct a 6 foot cedar fence starting at their front building line. 2. Deny the Conditional Use Permit. This will allow the applicant to construct a 3 1/2 fence between the two homes. CUP88 -14 Page 3 3. Continue for further information. If the Commission feels that more information is needed, the item should be continued. (81) 12(37) N 3 (11) (12) W5 (13) (27) 2 10 08) (26) 1 (88) 3 -O�o (89) 4 co (90)5 e (93) 9 17 (43) 18. (35) (36) 2 (37) 3 hl :(38) 4 (39) 5 h 94 'co (41) 7 p `t (42) 8 2 (43) 9 (44)10 (45)11 z (46) 12 3' 6) 1 5) it7) )4) )3) (83) 3 19 18 17 16 6 1 J 11 i 1 : `t `t 7' I I 10 NIo( 7 11 8 8 � l � 9 � 9 28) (27) 7 16 11 9 15. 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LOE LL€Y S ���VeIUA Ke - rcN - i'LAK) iof+ b G AY ALs €._ Cen CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 88 -76 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR CONDITIONAL USE PERMIT CUP88 -14 WHEREAS, an application for a Conditional Use Permit entitled CUP88 -14 made by Gregory & Rebecca Wellens, 533 East Park Valley Drive, to construct a 6 foot high special purpose fence is approved. WHEREAS, the procedural history of the application is as follows: 1. That an application for Conditional Use Permit CUP88 -14 was filed with the City of Hopkins on August 5, 1988. 2. That the Hopkins Planning Commission reviewed such application on August 30, 1988. 3. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a public hearing on August 30, 1988; all persons present at the hearing were given an opportunity to be heard. 4. That the written comments and analysis of the City Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that the Hopkins City Council makes the following Findings of Fact in respect to CUP88 -14: 1. That the subject fence is to protect and buffer the applicants home. 2. That the subject fence will start at the applicants front building line and be located 40" from the applicants home. Adopted this 6th day of September, 1988. Donald J. Milbert, Mayor