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Planning Commission recommends council approval for 6-foot front-yard fence at 2718 16th Avenue East
Summary
The commission voted to recommend a variance allowing a 6-foot vinyl fence in the front yard at 2718 16th Avenue East, citing screening needs adjacent to a Dairy Queen property; the recommendation goes to City Council on Feb. 17.
The North St. Paul Planning Commission on Feb. 5 voted to recommend that the City Council approve a variance to allow a 6-foot-tall vinyl fence in the front yard at 2718 16th Avenue East.
City staff presented the application and said the applicant is Timothy Taylor and that the variance is needed to allow a six-foot fence along the eastern lot line of the property, with the first 25 feet of the proposed 60-foot fence requiring relief from the R-1 front-yard height limit. "The proposed fence would be placed 1 foot in from the east property line," staff said during the presentation and noted the adjacent lot to the east is the Dairy Queen at 2730 16th Avenue East.
The staff report explained that city code limits front-yard fences in single-family zones to 4 feet (Chapter 154.01.a11) and set out standard variance criteria: consistency with the comprehensive plan, no adverse effect on public health and safety, property-specific circumstances, and minimum necessary relief. Staff also told commissioners the Dairy Queen parcel sits in the MU-3 corridor and is a legal nonconforming use for screening, so the city cannot require that existing business to add screening retroactively.
Commissioners questioned whether a 6-foot fence would adequately block headlights and noise given grade changes and truck heights at the drive-through; one commissioner observed there is more variation in elevation on the commercial lot. A resident who spoke during the hearing said he would not object if the homeowner preferred an even taller fence, saying, "If they want 8, let them have 8." Staff and commissioners discussed sight lines and curb distance and concluded the proposal, as drawn, did not create a vision-triangle problem and appeared to keep the fence roughly 25 feet from the curb.
Chair opened the public hearing to read a phone comment from Dan Gitsman, the landowner of the Dairy Queen parcel, who said he supports the variance application. With that input and no opposing public commenters, Commissioner Alvarez moved and Commissioner Weiss seconded a motion to recommend approval to the City Council; the commission approved the recommendation by voice vote.
The recommendation will be forwarded to City Council for final action on Feb. 17; the staff packet and draft resolution will include findings of fact consistent with approval and any conditions the commission chooses to add.
