05-08-1989 Council Packet - Laserfiche WebLink

Home Browse Search

Zoning File #1398 April 13, 1989 Page 2 of 2 4, City Engineer Glenn Cook has reviewed the site for conflicts with site distance from the two affected intersections and has indicated the fence will have absolutely no detrimental impact on traffic visibility. The issue then becomes a matter of aesthetics. Discussion - The current fence ordinance would allow a 6' high fence along properties abutting a county road at the rear and Lake Minnetonka in front. Such properties exist directly across County Road 19 from the subject property, and in fact one can see a 5' high privacy fence directly across County Road 19 from the applicants. The current code does not allow a non- lakeshore property to have the 6' high fence along the County Road right- of-way. In some respects, the rationale for this code section is unclear to staff. What is different about lakshore properties that justifies this code provision? There are obviously properties with small lots and houses very close to major roadways, both with and without lakeshore, that would obviously need some protection, however, allowance for a 6* high fence on all lakeshore lots abutting major roads appears incongruous. Aside from these provisions of the code, the question boils down to whether the applicants' child safety concerns justify the higher fence, weighed against the Planning Commission's often-noted concerns about "walling in" our major roadways. Certainly, the applicants property does not contain a normal back yard situation where a 6' fence would normally be allowed. Requiring the fence to meet the 35' principal structure setback (as shown by the surveyor's dashed line as a triangle surrounding the house) leaves little area to enclose without variances. Also note that where the 6' high fence angles along County Road 19 towards Park Drive, existing vegetation should help screen the fence. Staff RecomBendation - This property is unique in its relationship to surrounding roadways and clearly, in staff's opinion, exhibits a hardship situation. With the "rear yard" abutting a heavily traveled county road, some sort of buffer is deflnately appropriate, both from the standpoint of safety for children as well as a buffer from road noise, fumes, etc. Staff would recommend approval of a fence height variance for the applicants. Planning Commission may wish to question the applicants' need for the variable 6'/4' fences and perhaps consider a uniform fence material and height for the whole property, which may be visually more attractive. Furthermore, Planning Commission may wish to ask applicants to move the fence far enough away from the County Road 19 right-of-way line so that vegetation tc screen the fence can be placed within the property lines. Does Planning Commission wish to place some standards on the type or amount of vegetation if it is required? L-! ' /i-