Public Hearing - Sheila Sellman, City Planner
Title
Title
Granting a Conditional Use Permit to Install an 8-Foot-Tall Privacy Fence Along 109th Avenue (North Property Line) and Along the East Property Line in an R-1B (Single Family) Zoning District at 2881 108th Lane NE. Ryan Grefsheim (Case File No. 22-0043/SLK)
end
Executive Summary
The applicant is requesting to construct an 8-foot-tall privacy fence along 109th Avenue and the east property line of his lot.
Schedule of Actions
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City Council |
07/18/22 |
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Action Deadline |
08/13/22 |
Background
Staff report prepared by Shawn Kaye, Planner and Teresa Barnes, Project Engineer
Zoning
The property is zoned R-1B (Single Family).
Surrounding Zoning and land uses
The properties to the west and south are zoned R-1B and have a land use of LDR (Low Density Residential). The property to the east is owned by the Blaine Economic Development Authority and is zoned PBD (Planned Business District) and has a land use of PI (Planned Industrial).
Existing Conditions
The parcel has an existing home, trees, and wetlands.
History
In November of 2008 the City Council adopted a code amendment to the height provisions for residential fences adjacent to county, state, or federally designated roadways. The amendment permits fences abutting major roadways to be taller than six-feet and up to 10-feet with the granting of a Conditional Use Permit (CUP). The purpose of the code amendment to allow taller fences was to help property owners mitigate noise issues associated with living next to busier and louder roadways.
Evaluation of Request
Site Plan
The fence that the applicant is proposing will be to the length of their north and east property line and 8-feet in height. However, due to site constraints such as wetlands and overhead power lines, the fence location will need to be limited to approximately 87-ft along the north property line, and approximately 70-ft south along the east property line when measured from the northeast property corner.
There is an existing drainage and utility easement (blue on survey attachment) that is standard on all residential lots. The fence is permitted within this area with the understanding that if work is required in the area, the fence is removed and not replaced. However, it will be required for the property owner to provide proof from the electric utility (overhead powerlines) that the power company will permit the fence to be placed along the property line (the overhead power line is marked with yellow on survey attachment).
The red highlighted area is the existing platted wetland easement. No structure/fence of any kind is permitted to be constructed within this area. Minnesota State Statutes require that properties avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands and replace wetland values where avoidance of activity is not feasible. Given that avoidance of any construction within the platted wetland is feasible in this case, there should be no disturbance of any kind within the platted wetland area.
Architecture
The fence will be a solid panel fence constructed of a composite type of material. The fence will have stone pattern.
Tree Preservation
No trees will be removed for the construction of the fence.
Grading/Storm Drainage
The installation of the fence will be required to maintain the existing grading and drainage patterns of the property.
Wetlands/Watershed
The existing wetlands on the property are required to be undisturbed.
Access/Street Design
The installation of the proposed fence will not require any additional access to the property. If a construction access from 109th Ave NE is desired, county approval will be required.
Easements/Right-of-Way/Permits
No additional easements, right-of-way or permits will be required to install the fence as noted previously in this document.
Conditional Use Permit
Section 27.04 Criteria for granting conditional use permits:
The Blaine City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following findings where applicable. (Ord. No. 20-2447, 7-20-2020)
1. The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The fence will not create an excessive burden on parks, schools, or streets.
2. The use will be located, designed, maintained, and operated to be compatible with adjoining properties and the existing or intended character of the zoning district. (Ord. No. 20-2447, 7-20-2020). The proposed fence is being constructed on the north and east property lines with the east property line being adjacent to a property with a PBD (Planned Business District) zoning. Therefore, the use will be compatible with the adjoining property.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The proposed fence is being constructed with a maintenance free type material and stone pattern. The appearance of the fence will not have an adverse effect on adjacent properties.
4. The use, in the opinion of the City Council, shall be reasonably related to the overall needs of the City and to the existing land use.
5. The use shall be consistent with the purposes of the zoning code and purposes of the zoning district in which the applicant intends to locate the proposed use. The use is consistent with the zoning code that permits taller fences adjacent to county designated roadways.
6. The use shall not be in conflict with the comprehensive plan of the City. The use is not in conflict with the LDR (Low Density Residential) designation in the Comprehensive Plan.
7. The use will not cause traffic hazard or congestion. The proposed fence is being constructed on the north and east property lines with the east property line and will not result in a traffic hazard or congestion.
8. The use shall have adequate utilities, access roads, drainage and necessary facilities. The proposed fence is being constructed on the north and east property lines with the east property line will not require any additional utilities, access road or drainage facilities to be constructed.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The public hearing is being held at the City Council meeting, therefore no review or
recommendation was received from the Planning Commission.
Financial Impact
Not applicable.
Public Outreach/Input
Notices of a public hearing were:
1. Mailed to property owners within 350 feet of the property boundaries.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on the City’s website.
Staff Recommendation
By motion, adopt the Resolution
Attachment List
Zoning and Location Map
Survey with Proposed Fence Location
Survey with Utility and Wetland Easements.
Fence Detail
Body
WHEREAS, an application has been filed by Ryan Grefsheim as Conditional Use Permit Case File No. 22-0043; and
WHEREAS, said case involves the property described as follows:
Lot 2, Block 1, THE SANCTUARY 10TH ADDITION
WHEREAS, the Blaine City Council has reviewed said case on July 18, 2022; and
WHEREAS, the criteria identified in Section 27.04 for granting a conditional use permit has been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a conditional use permit is hereby approved per Section 33.08 (h)(2) and 27.04 of the Zoning Ordinance to allow an 8-foot-tall privacy fence along 109th Avenue (north property line) and along the east property line in an R-1B (Single Family) Zoning District with the following conditions:
1. Applicant must obtain a building permit for the construction of the fence.
2. The fence is limited to approximately 87-ft along the north property line and approximately 70-ft south along the east property line when measured from the northeast property corner.
3. The property owner is required to provide proof that the electric utility (overhead powerlines) will permit the fence to be placed along the east property line.
4. No structure/fence of any kind is permitted to be constructed within the platted wetland easement.
5. Fence to be built out of a maintenance free material.
PASSED by the City Council of the City of Blaine this 18th day of July, 2022.