20-130 Denying a Request for a Conditional Use Permit for a Fence for Property Located at 5730 Club LaneRESOLUTION NO. 20-130
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION DENYING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A
FENCE FOR PROPERTY LOCATED AT 5730 CLUB LANE
RECITALS
WHEREAS, Roberta and Roger Aronson, (the "Applicant") are the owners of the property
legally described as:
That part of the east 235.09 feet of Lot 39, Auditor's Subdivision Number 133,
lying north of a line parallel with and 259.15 feet north of the south line of said Lot
39, Hennepin County, Minnesota,
WHEREAS, the Applicant has applied for a conditional use permit to allow a fence that differs in
height and construction from the fence standards to allow a six-foot privacy fence to be 10 feet
from the north property line where 35 feet is required; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the December 1, 2020 Planning Commission meeting, a copy
of which is on file at City Hall; and
WHEREAS, the Planning Commission held a public hearing on December 1, 2020 to review the
application, the minutes of the meetings are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
December 14, 2020 and December 28, 2020, at which time the planning staff memorandum and
the Planning Commission's recommendations were reviewed and comments were heard by the
City Council from the Applicant, staff and public.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The subject property is located in the R-1 C zoning district, which requires all fences over
four feet in height to be set back 35 feet from the front yard property line and side yard property
line abutting a public street.
2. Section 1201.03, subd. 2. f. of the zoning regulations would permit a four -foot fence that
is designed to be a minimum of 25 percent open within the front or side yard abutting a public
street without a conditional use permit.
3. Section 1201.05 of the zoning regulations provides that the purpose of a conditional use
permit is to allow a reasonable degree of discretion in determining the suitability of certain
designated uses upon the general welfare, public health and safety.
4. Section 1201.05 of the zoning regulations provides that in making the above
determination, the City may consider the following:
a. The proposed use is or will be compatible with present and future land uses of
the area;
b. The proposed use will not tend to or actually depreciate the area in which is
proposed;
5. The Applicant has requested a six-foot privacy fence (100 percent opaque) to be located
along the property lines in the side yard abutting a public street, interior side yard and rear yard
to enclose the rear yard where the ordinance requires such fences to be setback farther from
the property lines and 25 percent open.
6. The Applicant's proposal is identified on the application materials and plans submitted
on October 26, 2020.
7. At their December 1, 2020 meeting, the Planning Commission expressed concern that
the fence would be out of character with the open nature of the Smithtown Road corridor and
such a fence would break up the views along the Smithtown Road trail.
8. At their December 14, 2020 meeting, the City Council agreed with the concern that a six-
foot fence as close as 10-feet to the property line would adversely impact the open, scenic
character of Smithtown Road.
CONCLUSIONS
1. The Applicant's request for a full privacy fence (100 percent opaque) is hereby
denied based on the finding that the privacy fence would negatively affect the present
and future land uses in the area.
2. The Applicant's request for a six-foot privacy fence is hereby denied based on
the finding that the fence would negatively impact the open, scenic character of
Smithtown Road.
3. The Applicant's request for a six-foot privacy fence is hereby denied based on
the finding that the privacy fence would fail to meet the standard requiring 25 percent
opacity.
4. The Applicant's request for a fence over four feet in height to be installed within
10 feet of the north and up to west property line failed to comply with the standard 35-
foot setback.
-2-
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 28'
day of December, 2020.
Attest:
tuL i Au�
Sandie Thone, City Clerk
Scott y, ayor
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