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Cond. Use Permit-10' Fence0 P� January 17, 1985 Case No: 85 -02 Applicant: Bruce Goldstein Location: 312 Wilshire Walk Request: Conditional Use Permit to construct 10' fence STAFF FINDINGS & COMMENTS: Anderson 1. Applicant is requesting a Conditional Use Permit to construct a 10 foot fence. The property is located at 312 Wilshire Walk. The subject site is zoned R -1 -D. 2. Ordinance 427.11(8) requires fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City of Hopkins by the issuance of a Conditional Use Permit approved by the Zoning and Planning Commission and by the City 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. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. 3. The proposed fence is to be put on the south side of the property which faces State Highway 7 and continue 15 feet along both side lot lines. 4. The proposed fence is to be made out of wood and stained off - white. High and low shade trees are proposed on the inside of the fence. 5. The concrete noise barrier stops to the east of the subject property at the request of the homeowners in 1981. The applicant did not own the subject property in 1981. 6. The applicant is requesting a 10 foot high fence because the property is lower than the surrounding property and a lower fence would not adequately screen the road noise from Highway 7. 1 7. The proposed setback for the fence is five feet unless the adjacent property owners decide to construct a fence, then the fence would abutt the side property line. 8. The applicant has contacted the neighbors, none were opposed to the proposed fence. . Ow. tAve A--, NW tpgm" (sbm ewca) - W-e PVA ww - row L-Y 466, 70 FWXW stuw ave dr- lbow k I f �� jsc4wv1&pcm LUP FOM, tu%M'P lo-&' AMAW Wy LAWW4Tv-w ClsbQ VAM-A -kl~ wm tm 1, �� rceF",Et3z) ez zavzt_-- tvmlb4 U JLU VvU�► ►� I v1 j . Hopkins, Minnesota 55343 n 935 -3381 June 11, 1981 qtr William Craig, Manager C ity of Hopkins 1010 First Street South H MN 55343 CSAH 18, PROJECT 7227 2ND ST. N.E. TO MINNEHAHA CREEK Dear Mr. Craig: - j - L4 N '- h On July 3, 1981, Hennepin County held a public meeting with residents o i:nollwood, Hobby Acres, and Campbell Additions to discuss noise barrier requirements at the future CSAH 18 /T.H. 7 interchange area. This has been Supplemented by additional meetings with these residents in the field to further explain our proposal and obtain their input. Asa result of these meetings, we are recommending construction of pre -cast concrete noise barriers on earth berms at the following locations: - Both sides of CSAH 18 between 2nd St. and T.H. 7 - South side of T.H. 7 between 5th Ave. and future CSAH 18 - North side of T.H. 7 from approximately 700 feet east of Oakridge Ave. to future CSAH 18. The homeowners of 601 Oakridge and 400, 312, and 306 Wilshire Walk have indicated they do not want a barrier adjacent to their property. In 1978, the City Council approved construction of noise barriers adjacent to the ramp in the northwest quadrant of CSAH 3 and CSAH 18. At that time, we were favoring wooden barriers; however, because of potential maintenance problems associated with wood, we recommend pre -cast concrete barriers at this location also. am requesting approval of these recommendations by formal Council action. Sincerely 1 ern Genzli er, E. Chief, Design Division VG/ DWS :1 a r HENNEPIN COUNTY an equal opportunity employer 1 • FOR VARIANCE APPLICATION ONLY NOTE: The purpose of a variance is to provide relief to a property owner when the strict enforecment.of the Zoning Ordinance would cause an undue hard ship to the property owner or deny reasonable use of the property. Hardship to the applicant is the crucial test. Variances will be granted only in unusual situations which were not foreseen when the Zoning Ordin- ance was adopted. Economic situations are seldom unique and are rarely considered a valid hardship. Hardship A. Explain why strict enforcement of the Zoning Ordinance would cause undue hardship: A 0 � AGi eta ctrl f'�7 nT ckscc s ty' GcyGS nriA Fkt)Y 7 DfL aoG4, o .rk�►St P KtXsE. A Id -CP 144" PWhC- LOrPl &49MDGt5h TWS. Conditions B. What are the special conditions (shape of lot, exceptional topographic conditions, etc.) of this request that are unique to this property and do not apply generally to other properties in the district? ( -1t ' • %- . M W•. r S %1 MIU I2 �r List of Homeowners Contacted by Applicant C. Submit a list of names and addresses of neightobrs contacted - IM A"PO"ep Jj&r 0 I • December 7, 1984 Mr. Dennis F. Corby 306 Wilshire Walk Hopkins MN 55343 Dear Mr. Corby: I am writing this letter on behalf of Bruce Goldstein regard- ing a proposed fence that he intends to construct on his southerly property line, pending approval by the city of Hopkins. Mr. Goldstein wants to have a wooden fence 10' -0" in height in lieu of the 6' -0" fence currently allowed by the zoning guidelines, and we have to go before the Zoning Board to seek a variance. As you are aware, also being an adjacent property owner, the noise along Highway 7 is quite loud and the lower fence will not solve the problem of noise and visuals. The concrete sound barrier constructed by the Minnesota= Highway Department is 6' -0" high on a berm that is varies from 4 - 6' ±. We are seeking a variance on the undue hardship caused by the adjacent roadway. I would appreciate a brief letter from you indicating your support of this, which should give the city a willingness to grant additional variances should you decide to erect a similar fence. If you have any questions, please contact me at our office. Respectfully, Allerton Paulson AA:mfk cc: Bruce Goldstein 10 WILLIAMS /O'BRIEN ASSOCIATES, INC. 45 S. 9th ST. MINNEAPOLIS, MN. 55402 338 -8981 ARCHITECTS /PLANNERS December 7, 1984 Mr. George Nadler 408 Wilshire Walk Hopkins MN 55343 Dear Mr. Nadler: I am writing this letter on behalf of Bruce Goldstein regard- ing a proposed fence that he intends to construct on his southerly property line, pending approval by the city of Hopkins. Mr. Goldstein wants to have a wooden fence 10' -0" in height in lieu of the 6' - 0 " fence currently allowed by the zoning guidelines, and we have to go before the Zoning Board to seek a variance. As you are aware, also being adjacent prop- erty owners, the noise along Highway 7 is quite loud and the lower fence will not solve the problem of noise and visuals. The concrete sound barrier constructed by the Minnesota Highway Department is 6' -0" high on a berm that varies from 4 - 6' -. We are seeking a variance on the undue hardship caused by the adjacent roadway. I would appreciate a brief letter from you indicating your support of this, which should give the city a willingness to grant additional variances should you decide to erect a similar fence. If you have any questions, please contact me at our office. Respectfully, Allerton Paulson AA: mfk cc: Bruce Goldstein 1�1 WILLIAMS /O'SRIEN ASSOCIATES, INC. 45 S. 9th ST. MINNEAPOLIS, MN. 55402 338 -8981 ARCHITECTS /PLANNERS