Ely Board of Adjustment approves 6-foot fencing variances for Sheridan Street properties, limits some setback relief

The Ely City Board of Adjustment approved variances on May 20 allowing six-foot, transparent fencing along parts of Sheridan Street, N. 3rd Ave E and sections of Camp Street for properties owned by Eagle Wolf Development LLC, but limited and denied other setback and vision-triangle relief after neighbors raised access and aesthetic concerns.

Jacki Bregier-Poshak, the applicant, told the board she sought “a 6-foot fence” and relief from the 18-inch setback and the intersection vision-triangle because the fenced area stores trailers and equipment that have been vandalized in the past. She said the property has been surveyed, that the property line was confirmed, and that the business’s insurer required securing the rental area, or coverage could be at risk.

The board heard several neighbors object. Michelle Timmins, who lives adjacent to the site, said the alley has been open and used by service vehicles for more than 40 years and warned a gate or closer fence could impede deliveries, trash pickup, snow removal and emergency access. “This has been open and accessible for over 40 years,” Timmins said. Neighbor Kevin Boerst asked how fire or maintenance crews would access the side of an adjacent building if a fence ran tight against it.

Staff recommendation and findings: Planning and Zoning Administrator Scott Kochendorfer read findings concluding the properties are in the Commercial (C1) zoning district and that transparent chain-link material would preserve intersection visibility. Staff advised that MnDOT had been notified and indicated no objections so long as the fence did not encroach on its right-of-way, and recommended approval based on safety, prior vandalism, and the commercial zoning context.

Votes at a glance (select motions): - Approve 6-foot fence on Sheridan St (PID 030-0010-00900): Motion by Anderson, second Hernesmaa. Roll-call: Seliga Yes; Hernesmaa Yes; Roose Yes; Heil No; Palcher Yes; Anderson Yes; Decker excused. Result: Approved (5–1–1). - Deny relief from the 18-inch setback along Sheridan St: Motion by Seliga, second Heil. Roll-call: unanimous Yes (6–0–1). Result: Denied. - Require solid material outside the vision triangle and black chain-link inside the vision-triangle: Motion by Seliga, second Heil. Roll-call: Seliga Yes; Hernesmaa No; Roose Yes; Heil Yes; Palcher No; Anderson Yes; Decker excused. Result: Approved (4–2–1). - Approve relief from the 18-inch alley setback for Sheridan property: Motion by Heil, second Anderson. Roll-call: Approved (5–1–1). - For Camp St parcels: initial motion to approve a 6-foot fence failed (3–3–1); a subsequent motion to approve the same (Anderson, second Seliga) carried (4–2–1). Denials of certain 18-inch setback relief for Camp St and other parcels also carried (most denials passed unanimously or near-unanimously with one excused).

What changed and what’s next: The board approved 6-foot transparent fencing in specified areas but kept conditions intended to preserve sightlines and some setbacks; staff said MnDOT expressed no concern so long as right-of-way is not encroached. Several neighbors urged the board to protect access for deliveries, snow removal and emergency vehicles; the board’s approvals included a condition that the Sheridan Street/N. 3rd Ave E fence be transparent and that the city may require modifications if it restricts traffic vision.

The public hearing closed at 6:55 PM; the meeting adjourned at 7:37 PM. Minutes were submitted by Planning and Zoning Administrator/Secretary Scott Kochendorfer.