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Conditional Use Permit - Special Purpose Fence for 501 DrillaneAugust 29, 2012 4M Council Report 12-106 CONDITIONAL USE PERMIT — SPECIAL PURPOSE FENCE Proposed Action Staff recommends the following motion: Move to adopt Resolution 12-67, denying a conditional use permit for a special purpose fence at 501 Drillane. At the Zoning and Planning meeting Ms. Naef moved and Mr. Kerssen seconded a motion to adopt Resolution RZ12-12, recommending denial of a conditional use permit for a special purpose fence at 501 Drillane. The motion was approved unanimously. Overview The applicants, Donna Daniels and David Mundie, the owners of 501 Drillane, want to construct a six-foot fence on the west side of their home between homes. The zoning ordinance does not allow a six foot fence to be constructed between homes: a four -foot fence is allowed. The applicants have constructed a new fence along Fifth Avenue. The proposed fence would be an alternating board fence and located where the existing chain link fence is located on the west side of the applicants' lot. The zoning ordinance allows six- foot fences in the rear yard and side yards after the rear of the home. Four -foot fences are allowed in all yards of a home. All residential fences within Hopkins have to be 25 percent open: the proposed fence complies with this requirement. 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? • What was the discussion at the Zoning and Planning meeting? Supporting Documents • Analysis of Issues • Fence Plans • Resolution 12-67 City Planner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CR12-106 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-C, Single Family Medium 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 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 applicant has stated that they want the fence to match new fence on the east side. In this case there is no special reason for a six-foot fence between homes. The reason the applicant has stated would be no different from any resident within the City. In the past special purpose fences have been granted for lots that abut such uses as a church because a home abuts a parking lot. • What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the proposed fence. David Mundie, the applicant, appeared before the Commission. Mr. Mundie stated that he wanted to replace the existing chain link fence with a six-foot wood fence. Mr. Mundie also stated that he has a dog and a hot tub. Ms. Anderson stated that a four -foot fence is the minimum height required for an in -ground swimming pool. The Commission had considerable discussion, concluding that there is no special purpose for the fence and if they granted the conditional use permit it would set a precedent. Alternatives Approve the conditional use permit to allow the six-foot fence to be constructed between homes. By approving the conditional use permit, the City Council will consider a recommendation of approval. If the City Council considers this alternative, findings will have to be identified that support this alternative. 2. Deny conditional use permit for the six-foot fence. By denying the conditional use permit, the applicants will not be able to construct a six-foot fence as proposed. 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: 12-67 RESOLUTION MAKING FINDINGS OF FACT AND DENYING A SPECIAL PURPOSE FENCE AT 501 DRILLANE WHEREAS, an application for Conditional Use Permit CUP12-3 has been made by Donna Daniels and David Mundie; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by Donna Daniels and David Mundie; 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 August 28, 2012: 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: East %Z of that part lying south of the north 15 feet of Lot 1 Block 1 Drillane NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP 12-3 is hereby denied based on the following Findings of Fact: 1. The Planning Commission reviewed the proposed fence. 2. That the Planning Commission determined that no special condition exists for the proposed fence. Adopted this 4th day of September 2012 ATTEST: Eugene J. Maxwell, Mayor Kristine A. Luedke , City Clerk y: > ., R. t4ya9�"(�Mb!MMIpJSl aF3A�'t�Y",'yY, ��,5%'e""i'��e'�rc�ivR•"`� _.K �° �'FM.>{urt !{4'�'�MX+tltlt t urtar4Vb �t11 MGBiii Wll��+tMa !,�_ ` ,V%.� �� � - "�-' � •• _^' ca,.�"-'�i1Pi'-•i.fMMt?11�,� -e�i+'� r � � c a �` c Y { � �' �1 .; 4 '� z r; �. y.. * iso � 1 t' !t� ♦ Md ! k k ; !.• 7 �j."w\t+'rse ,f' ' "''e"i", 5�. ` M.� C • y ''A' r •�t.'98t: y.2' b� Y ^ , i�f ,. _ �tpp •Y ii..' 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