Planning Report

Date:	July 18, 2000

Case:	SP00-10

Subject:	Special Use Permit

Applicant:	Scott Sanville/Stefanie Prokopiuk

Request & Background

To hold a public hearing and consider a request by Scott Sanville and Stefanie Prokopiuk for a special use permit for the purpose of constructing a six (6) foot wooden privacy fence in their front yard. The subject property address is 744 - 22nd Avenue NW, however, the only access to the home is located off of a private driveway over a platted 30-foot unimproved road right-of-way easement that extends to the west off of 22nd Avenue.

Within a front or street yard, fences may not exceed 3-1/2 feet in height and shall have at least 75% of the vertical surface plane open. However, per Section 4-540 of the New Brighton Zoning Ordinance, this requirement may be increased by special use permit if designated as a "Fence for special purpose", and meets certain conditions. The proposed fence will be a stained wood fence with 1 x 6' treated fence boards. The proposed fence is requested to provide privacy and screening along the north side of their driveway, and is actually proposed to be located within the unimproved street right-of-way (see attached). Please note that the adjacent land owner to the north has already constructed a 5-foot fence within this right-of-way, however, special use permit was not necessary, as this is the side yard for this lot and fences may be up to 6-feet tall in side yards.

Findings

Section 4-540, Fences

Section 8-130, Special Use Standards

Site Characteristics

1.	Location:	744 - 22nd Ave. NW

2.	Lot Size:	The site is 10,065 square feet

3.	Topography:	Relatively flat

4.	Vegetation:	The existing home is landscaped with grass & trees

5.	Sensitive Areas:	None

6.	Comprehensive Plan Designation:	Low Density Residential

7.	Zoning:	R-1, Single Family Residential

8.	Surrounding Land Uses:

North:	Single family home - Zoned R-1

South:	Single family home - Zoned R-1

East:	Single family home - Zoned R-1

West:	Highview Middle School - Zoned R-1

Site History

1.	Past Uses:	Single Family Home

2.	Historical Significance:	None

Departmental Considerations

Community Development

1.	Existing Use:	Single Family home with a driveway within an unimproved right-of-way.

2.	Proposed Use:	Six-foot privacy fence within the right-of-way.

3.	Building Coverage:	NA

Public Works

1.	Streets:	No streets are proposed as part of this project.

2.	Curb Cuts:	One off of 22nd - Avenue. A driveway was allowed to be constructed over an unimproved road right-of-way to provide access to the subject lot.

3.	Utilities:	NA

4.	Easements:	None

5.	Grading/Drainage:	No changes

6.	Rice Creek Watershed District:	NA

7.	Environmental Concerns:	None

8.	MPCA:	None

9.	Other Considerations:	None

Building Official

1.	Structure Size:	NA

2.	Structure Height:	6-feet

3.	Exterior Treatment:	Wood

4.	UBC Compliance:	Required

5.	Other Considerations:	None

Sanitation/housing

1.	Weeds:	NA

2.	Garbage/Rubbish Enclosures:	NA

3.	Other Considerations:	NA

Parks

1.	Proximity of Parks:	NA

2.	Proximity to Community Facilities:	NA

3.	Impact on Parks:	NA

4.	Impact on Community Facilities:	NA

5.	Other Considerations:	None

Fire

1.	Hydrant Locations:	NA

2.	Access to Site:	Adequate

3.	Y Connection:	NA

Police

1.	Accident Counts:	None of record

2.	Violations:	None of record

3.	Traffic Safety:	Adequate

4.	On-Street Parking:	None

5.	Lighting Plans:	NA

6.	Site Security:	The

7.	Other Considerations:	None

Staff Comments

Special Use Permit

As specified in Section 4-540.c.6 of the New Brighton Zoning Ordinance, fences for special purposes and fences differing in construction, height, length, or location from the requirements of this section may be permitted by the issuance of a special use permit subject to the following:

a.	Such special purpose fence is necessary to protect and buffer the premises for which such fences are intended.

b.	Special purpose fences shall not be detrimental to adjacent property, nor to the general public health, safety, or welfare.

c.	Special purpose fence shall not be inconsistent with the intent and purpose of these fence regulations.

d.	A special purpose fence permit, if issued, may stipulate and provide for the height, location, and construction type of special fence thereby permitted or any other condition deemed necessary to protect the public health, safety, and general welfare.

The purpose of the proposed special purpose fence is to upgrade the aesthetics of the existing driveway by constructing a 6-foot wooden security fence and to plant 4-foot coniferous trees on the north side of the existing driveway. The fence and landscaping will provide screening and security for the applicant.

The fence is to be located within the southern 15-feet of a 30-foot unimproved right-of-way. A chain-
link fence has already been constructed within the north 15-feet of this right-of-way by the adjacent land owner to the north. However, the lot to the north does not gain access to their property via the subject driveway, rather access is gained directly off of 22nd Avenue. It has been suggested that the land owner to the north may have utilized the Prokopiuk driveway on occasion to park a boat in the rear yard. However, the storage of a boat in the rear yard on a non-paved area is a violation of City Code Section 11-020.a. which requires all licensed boats and vehicles to be parked on a paved off-street driving area. Therefore, by cutting off access from the Prokopiuk driveway will not cut off access to the rear yard. Additionally, this property owner is already utilizing the north 15-feet of the right-of-way.

Adjacent property owners do have certain rights within unimproved right-of-ways, such as constructing fences or doing landscaping. An unimproved right-of-way is simply land held by easement for the sole purpose of future construction of a public street. However, if a street were to be constructed, anything planted or constructed in that right-of-way would have to be removed. If this right-of-way were to be vacated, it is likely that 15-feet would become a part of the Sanville/Prokopiuk land, and 15-feet would become a part of the land of the land owner to the north. In that instance the subject driveway and fencing would remain as is.

Also, as specified in Section 8-130, no special use shall be recommended by the Planning Commission unless such shall find:

a.	That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of the general public.

b.	That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

c.	That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.	That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

e.	That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located.

The proposed fence is proposed for security and screening purposes, and meets the above criteria.

Recommendation

Motion to waive the reading and adopt the attached resolution recommending approval of SP00-10 subject to the following condition:

1.	The applicant may construct a 6-foot tall wood fence on the north side of the existing driveway within the unimproved right-of-way.

2.	The framing material of the fence shall be placed on the applicant's side of the fence.

3.	In the event the City requires removal of the fence in the future for any purpose related to the dedication of the right-of-way for street and related purposes, the land owner shall remove the fence at no cost to the City of New Brighton.

4.	The City does not represent or warrant and makes no findings that the applicant has any legal rights in the land on which the applicants propose to construct the fence.

Cary K. Teague, City Planner