Cond. Use Permit-Special Purpose FencePLANNING COMMISSION
REPORT NO: CUP87 -14
Planning Commission Report
CONDITIONAL USE PERMIT - SPECIAL PURPOSE FENCE
1417 Boyce Street
MAY 14, 1987
PURPOSE: To review and recommend action on an
application to build a special purpose fence.
BACKGROUND:
Name of Applicant: Jeff Maekenstadt
Address of Property: 1417 Boyce Street
Present Zoning: R -1 -C
Reason for Request: Enclose yard because
applicant has a pet dog.
Nature of Request: Ordinance allows a
special purpose fence with a Conditional Use
Permit
The applicant is requesting to build a 6 foot high
fence along his side yard abutting St. John's Church.
A three and one -half foot fence is allowed by ordinance
without a Conditional Use Permit.
Ordinance 520.13 Subd 9 states:
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."
The applicant has his dog and kennel in the side yard
that abutts St. John's playground. The applicant is
No.
concerned that the children can tease the dog or
possibly the dog may bite a child. With a 6 foot fence
the dog will be screened from the children.
The fence material will be cedar.
The applicant has contacted St. John's. The church has
found the fence to be acceptable.
ANALYSIS:The ordinance gives the Council the option to
approve special purpose fences. The applicant does
possess the requirements necessary of protecting,
buffering or improving the premises for which such
fence is intended. A 3 1/2 foot fence would not allow
proper protection or screening for the dog or children.
The fence as proposed is for the safety of the children
at St. John's. Because the fence will be adjacent to a
more intense use than a single family residence it
should not have any major negative impact.
ALTERNATIVES:
1. Approve the Conditional Use Permit.
2. Deny the Conditional Use Permit.
RECOMMENDATION: I recommend Alternative #1. The
following are suggested Findings of Fact and Conditions
should the Commission recommend approval:
1. The fence is necessary to protect and buffer
the applicants property from the playground.
2. Use abutting sideyard where subject fence is
to be constructed is more intense than that
of a single family dwelling.
3. Special Use Fence is allowed by Conditional
Use Permit
Conditions:
1. The fence will be made of cedar and
maintained to an acceptable standard.
2. The fence will not exceed 6 feet in height.
Respectfully submitted,
Nancy
Commun
Analyst
. Anderson
ty Development
1 y
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