Loading...
1 Fence Permit 8140 Maplewood TCITY OF PC DATE: 7/1/2003 CC DATE: 7~28~2003 REVIEW DEADLINE: 8/6/2003 STAFF rEPORT PROPOSAL: LOCATION: APPLICANT: Request for a conditional use permit to exceed the height restriction of 6½' for the construction of a fence in a residential district. 8140 Maplewood Terrace, Lot 8, Block 3, Timberwood Estates Alison Blackowiak 8140 Maplewood Terrace Chanhassen, MN 55317 l.d PRESENT ZONING: RR, Rural Residential District 2020 LAND USE PLAN: Residential-Large Lot ACREAGE: 2.5 acres (109,006 square feet) SUMMARY OF REQUEST: The applicant is proposing to construct a tennis court on property in the Timberwood Estates subdivision. The applicant wishes to enclose the tennis court with a ten (10) foot tall fence. The ordinance requires any fence over 6½ feet to receive a conditional use permit. The intent. of the ordinance is to. ensure that a fence over 6½ feet does not impact adjacent properties. Notice of this public hearing has been mailed to all property owners Within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning OrdinanCe. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi- judicial decision. Blackowiak CUP July 1, 2003 Page 2 PROPOSALSUMMARY The applicant is requesting a conditional use permit (CUP) to Construct a 10 foot fence surrounding a tennis court. Tennis courts are a permitted accessory structure. Fences in residential zoned areas are limited to a maximum height of 6'6". Tennis courts require fences that exceed the maximum permitted height. The proposed fence would be 10 feet tall and made of black vinyl chain link. The property in question is located to the south of Timberwood Drive and east of Galpin Boulevard. Access to the site is via a private driveway off of Maplewood Terrace. The site has approximately 2.5 acres, and is zoned Rural Residential, RR. There is a conflict with the city code in that a tennis court is a permitted accessory use. It seems fair to assume that a fence would be associated with the court. Staff will be evaluating this and recommend changes in the code revisions. APPLICABLE REGULATION Section 20-1019 (c) [Buffers] No fences will be permitted between a required landscape buffer and a collector or arterial street. Section 20-0120 [Construction and maintenance] Every fence shall be constructed in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in such condition as to not become a hazard, eyesore, or public or private nuisance. All fences shall be constructed so that the side containing the framing supports and cross pieces face the interior of the fence owner's lot. Any fence which does not comply with the provisions of this chapter or which endangers the public safety, health or welfare shall be considered a public nuisance. Abatement proceedings may be instituted by the proper city official after fifteen days' notification, if the owner of such fence has not undertaken the necessary repairs to abate the nuisance. Link fences shall be constructed in such a manner that no barbed ends shall be exposed. Section 20-1023 [Height] Any fence over six and one-half (6¥2) feet must receive a conditional use permit. The fence height is measured from grade to the highest point on the fence. All other residential fences shall meet the following standards: 1. Side yards and rear yards. In any side or rear yard on lots, the height of fences shall not exceed six and one-half (6Y2) feet. 2. Front yards. Fences in the required front yard setback area that are opaque shall not exceed three (3) feet in height. Chain link fences in this area shall not exceed four (4) feet in height. All other open fences in this area shall not exceed six and one-half (6Y2) feet in height. 3. Comer or double fronted lots. In addition to the other provisions contained in this section, fences located on comer or double fronted lots shall be subject to the following provisions: a. Any fence within the required front yard setback area shall not exceed three (3) feet in height if opaque construction, or four (4) feet in height if open construction. Blackowiak Conditional Use Permit July 1, 2003 Page 3 The maximum height of a fence shall conform to the requirements of fences in front yards within the comer site triangle. Two (2) sides of comer site triangle commence at the comer of the lot located at the intersection of the two (2) streets and mn a distance of thirty (30) feet back along the lot lines abutting the streets. The third side of the triangle is a straight line joining the end points of the adjacent sides. Section 20-904 [Accessory Structures] (3) Tennis courts and swimming pools may be located in rear yard with a minimum side and rear yard setback of ten (10) feet, however, must comply with applicable ordinary high water mark setbacks. BACKGROUND The home was constructed in 1988 as part of the Timberwood Estates Subdivision and is located on a cul-de-sac on the north side of Maplewood Terrace. The tennis court is located in the southwest comer of the lot in a flat area. The applicant has met the required ten (10) foot side and rear yard setbacks. The neighboring properties to the north, east, and south are not impacted by the fence because a barrier of trees obstructs the view of the applicant's rear yard. The neighboring property to the west has less mature vegetation at this time; however, the home located at 8121 Pinewood Circle is slightly more than 300 feet away from the proposed fence. A standard doubles tennis court is 60 feet by 120 feet or 7,200 square feet. The proposed court is slightly smaller at 55 feet by 110 feet. Standard fencing height for a tennis court is 10 feet, which is what the applicant is proposing. The applicant is currently installing a new septic system. The construction of the fence will not affect it because the location of the new system is protected and roped off. The applicant is also considering the addition of a deck and a pool (with a fence). Staff met with the property owner to discuss areas of concem. I TIMB: gRWO_~OD DR Blackowiak Conditional Use Permit July 1, 2003 Page 4 CUP FINDINGS When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20~232, include the following 12 items: Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding: Tennis courts are a permitted use in residential areas and this particular tennis court is located on a 2.5 acre lot, therefore it should not be an endangerment to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: Tennis courts are a permitted use and therefore comply with the city's comprehensive plan. The conflict is with the fence which is integral tothe use of the court. o Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The neighboring properties to the north, east, and south are not impacted by the fence because a barrier of trees obstructs the view of the applicant's rear yard. The neighboring property to the west has less mature vegetation at this time; however, the home located at 8121 Pinewood Circle is slightly more than 300 feet away from the proposed fence. In addition, the fence is black, which will blend into the surrounding area. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The fence will prevent disturbance by stopping tennis balls from landing in neighbors yard. o Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The fence will be served adequately by public facilities or services and will have little impact on drainage stmctures and water systems. Blackowiak Conditional Use Permit July 1, 2003 Page 5 Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed project will not require additional public facilities or services and will have no impact on the economic welfare of the community. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: Tennis courts are a permitted use and the fence around it is not detrimental to any persons, property, or the general welfare. Tennis courts do not produce additional traffic, smoke, fumes, glare, odors, rodents, or trash. Additional noise may be generated during daytime hours only, as the court will not be lit. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The proposed fence will not generate additional traffic because it is for the homeowner's personal use. o Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The fence will not cause the destruction of the area. 10. Will be aesthetically compatible with the area. Finding: The fence will be black which will help to blend it in with the surrounding area. 11. Will not depreciate surrounding property values. Finding: The proposed fence should have no impact on the value of surrounding properties. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: Tennis courts are a permitted use, but the proposal would need approval of the CUP for the fence to exceed the height restrictions. Blackowiak Conditional Use Permit July 1, 2003 Page 6 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Conditional Use Permit 2003-3 to construct a ten (10) foot high fence on the property located at 8140 Maplewood Terrace, with the following conditions: 1. The tennis court must not be lit. 2. The fencing must be black to blend with surroundings. 3. The fence must be built according to the plan dated 6/6/2003." ATTACHMENTS 1. Application and letter 2. Site Plan 3. Public Hearing Notice/Label CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: /~ ~ 14~ E/q ~L_/~/~ W'I ~/~.. OWNER: ADDRESS: ~'/,~0 /~I/~P/~J, V0c~/~ ~-'.~c~ ADDRESS: TELEPHONE (Day time) TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit VaCation of ROW/Easements Interim Use Permit Variance __ Non-conforming Use Permit Planned Unit Development* · Wetland Alteration Permit .,., __ Zoning Appeal Rezoning ~ Zoning Ordinance Amendment Sign Permits Sign Plan .Review Notification Sign Site Plan Review* X Escrow for Filing Fees/Attomey Cost** ($50 CU P/S PR/VAC/VAR/WAP/Metes and Bounds, $400 Minor SUB) Subdivision* TOTAL FEES NOTE- A list of all property owners within 500 feet of the boundaries of the property must be included with the application. ~/..~ /~'~0 V' / D~~' ,Building material sampleS must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 8Y2" X 11" reduced copy for each plan sheet. ** Escrow will be required for other applications thrOugh the development contract When multiple applications are processed, the appropriate fee.shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION TOTAL ACREAGE WETLANDS PRESENT YES X PRESENT ZONING NO REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST (-~ This application must be'completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. Adetermination of completeness of the appliCation shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant'within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to'this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Signature of Applicant Date Signature of Fee Owner Date Application Received on Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which will be available on ,Friday prior to the meeting. -If not contacted, a copy of the report will be mailed to the applicant'S address. \ \ \ \ NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JULY 1,2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Installation of a Fence APPLICANT: Alison Blackowiak LOCATION: 8140 Maplewood Terrace NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Alison Blackowiak, is requesting a conditional use permit for a fence in excess of 6Y2 feet on property zoned RSF, Residential Single Family, located at 8140 Maplewood Terrace. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Kristin at 227-1132 or e-mail kwentzlaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on June 19, 2003. Smooth Feed SheetsTM JAMES L & LINDA J LEIRDAHL 2350 TIMBERWOOD DR CHANHASSEN MN 55317 ANDREW G RICHARDSON 8120 PINEWOOD CIR CHANHASSEN MN 55317 Use tem~)~a~r 5 ~6~0 PATRICK J & KAREN C MINGER 2218 LUKEWOOD DR CHANHASSEN MN 55317 STEVEN M & SHARON COLSON 2320 TIMBERWOOD DR CHANHASSEN MN 55317 LAYTON & LINDA ZELLMAN 2290 TIMBERWOOD DR CHANHASSEN MN 55317 GREGORY G & JULIE K SORENSEN 8121 MAPLEWOOD TER CHANHASSEN MN 55317 DAVID M & KIMBERLEY ANDERSON 8141 PINEWOOD CIR CHANHASSEN MN 55317 JEFFREY G HEINZ & JOAN M PADRNOS-HEINZ 2071 TIMBERWOOD DR CHANHASSEN MN 55317 PETER J & JACKIE A NEVA 2230 TIMBERWOOD DR CHANHASSEN MN 55317 JACK C & ILYNE SANDAS SPIZALE 8141 MAPLEWOOD TER CHANHASSEN MN 55317 GREGORY B & JULIE R MAANUM 8040 ACORN LN CHANHASSEN MN 55317 MARK A & NANCY E BIELSKI 8140 PINEWOOD ClR CHANHASSEN MN 55317 MICHAEL R & KATHLEEN A HODGES 8101 PINEWOOD ClR CHANHASSEN MN 55317 JOHN F & KATHLEEN E KASEL 8140 MAPLEWOOD TER CHANHASSEN MN 55317 GREGORY HUGH PERRILL 2101 TIMBERWOOD DR CHANHASSEN MN 55317 JAMES R & DEBRA ANN LANO 2060 OAKWOOD RDG CHANHASSEN MN 55317 THOMAS W & REBECCA S MCPHERS( 2081 TIMBERWOOD DR CHANHASSEN MN 55317 BARRY N COHEN & YVONNE K LAPENOTIERE 2274 LUKEWOOD DR CHANHASS EN MN 55317 JAMES D & LORIE D RYAN 8121 PINEWOOD ClR CHANHASSEN MN 55317 DOUGLAS M ALLEN & ANN E HEALEY-ALLEN 2250 LUKEWOOD DR CHANHASSEN MN 55317 MICHAEL G & NANCY J BOYLE 8011 ACORN LN CHANHASSEN MN 55317 SCOTT E & LOUISE A MELBYE 2224 LUKEWOOD DR CHANHASSEN MN 55317 AVERY® Address Labels Laser 5160® CITYOF CHAN EN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 95Z227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Pho ne: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Kristin Wentzlaff, Planner FROM: Mak Sweidan, Engineer~ DATE: June 25, 2003 SUB J: Review of Conditional Use Permit for New Tennis Court Fence Applicant: Alison Blackowiak, 8140 Maplewood Terrace The Engineering Department has reviewed a land development proposal dated June 6, 2003 prepared by the owner, Alison Blackoviak, which includes the property plat showing the location of the proposed new tennis court fence. I offer the following recommended conditions of approval: 1. The applicant shall be aware that no building shall be allowed over the utility and drainage easement. 2. Type I silt fence as per City Detail Plate No. 5300 must be used along the grading area. 3. The applicant shall be aware that any grading over 50 cUbic yards shall require a grading permit. 4. To assure drainage flow, submit Certificate of Survey showing the following: - Proposed elevations at each comer of the new tennis court. - Existing property and proposed contours. - Existing neighboring property ContoUrs within 25 feet of eXCavation. - Show drainage arrows of flow direction.` - Surveyors original signature on the Certificate of Survey. - Location of any buildings or structures on the property where the work is to be performed and the locationof anybuildings or structures on land of adjacent owners that are within 25 feet of the pr or that may be affected by the proposed fence for the newtennis court. jms C: Daniel R. Remer, Engineering Technician III g 5engXmahmoudkmemos\blackowiak fence.doc The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.