Item 4.1 Klosterman IUP3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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PLANNING REPORT
TO: Otsego Planning Commission
FROM: D. Daniel Licht
REPORT DATE: 29 February 2024
60-DAY DATE: 30 March 2024
RE: Otsego – Klosterman (9905 Kaeding Ave); Specialize Fence IUP
TPC FILE: 101.02
BACKGROUND
Paul and Jennine Klosterman own the single family property at 9095 Kaeding Avenue, which is
adjacent to the Riverwood National Golf Course. The property owners have experienced errant
golf balls from the golf course hitting their home and entering their yard threatening the safety
of people that may be in the rear yard. In response, the property owners are proposing to erect
a safety net along the north side lot line. Because the height of the proposed safety net
exceeds six feet, the proposal requires consideration of an Interim Use Permit for a special
purpose fence as allowed by Section 11-19-4.I of the Zoning Ordinance.
Exhibits:
Site Location Map (2 pages)
Acknowledgement of adjacent property owner
ANALYSIS
Section 11-19-4.G.1 of the Zoning Ordinance allows fences along the side and rear lot lines of
residential properties. A fence that is six feet in height is not likely to address the safety
concerns of the property owners due to errant golf balls hitting the home and entering the rear
yard of the property, which includes a swimming pool. There are also existing evergreen and
deciduous trees along the north property line, but these have not been effective at stopping
golf balls from entering the property according to the property owner.
Item 4.1
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Section 11-19-4.I of the Zoning Ordinance allows that “fences differing in construction, height
or length may be permitted by the City by issuance of an interim use permit upon a finding by
the City Council that the fence is necessary to protect, buffer, or improve the premises for
which such fence is intended”. Allowance of safety netting adjacent to protect a property
abutting a golf course fairway from errant golf balls is within the scope of the Zoning Ordinance
provisions to allow a special purpose fence.
The property owners are proposing safety netting that is commonly erected adjacent to golf
courses. The poles have already been placed on the property, but have not been cut to height,
and are wood utility-type poles painted black. The proposed netting is also to be black as well.
The construction includes three poles ranging in height from 20 feet at the house and 35 feet at
the rear property corner with two safety nets between the poles. Houses within the Riverwood
National PUD, Planned Unit Development District are allowed to be up to 35 feet or three
stories in height. The height of the proposed safety net would not exceed the maximum height
allowed for homes within the PUD District.
General standards for fences are established in Section 11-19-4.A-F of the Zoning Ordinance.
These include requirements for fences placed on property lines and within drainage and utility
easements. Given the considerable size of each of the poles, and if these poles are located
along the property line within drainage and utility easements, an encroachment agreement
should be required. The encroachment agreement would address responsibility for removal of
the poles should the need arise for the City to exercise its rights to the drainage and utility
easement.
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The City may impose such stipulations as it deems necessary for a specific proposal to mitigate
potential adverse impacts of a proposed interim use as provided for by Section 11-5-2.G of the
Zoning Ordinance. City staff recommends conditions be included with any approval requiring
that the safety netting be removed seasonally when the golf course is not being played and that
the poles and safety netting be adequately maintained.
Section 11-5-4 of the Zoning Ordinance provides that Interim Use Permits may be terminated
upon any one of the following events, whichever occurs first:
A date or event stated in the interim use permit.
Upon violation of conditions under which the interim use permit was issued.
Upon change in the City's zoning regulations that renders the use nonconforming.
The redevelopment of the use and property upon which it is located to a permitted or
conditional use as allowed within the respective zoning district.
A date or event to be stated as terminating the Interim Use Permit would typically be
associated with eliminating the purpose or need of the interim use or a change in
circumstances of the property upon which the interim use is located. In that the reason offered
for the safety netting is the play on the golf course, should the golf course ever cease
operations and be changed to another use, the safety netting would no longer required.
Interim Use Permits are also often terminated based on change of occupancy or ownership,
which does not appear applicable in this situation as the need for the safety netting would be
the same for future occupants or owners as the current property owners. Finally, a condition
terminating the Interim Use Permit if the safety netting is not utilized for specified period is
reasonable to avoid the poles remaining without purpose.
Planning Commission consideration of the application is to be based upon, but not limited to,
the criteria outlined in Section 11-5-2.F of the Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Comment: The 2023 Comprehensive Plan includes a policy to allow accessory structures
within residential areas, which would include fences, to be of a compatible design and
size to maintain neighborhood character and uses limited to residentially related
activities. Safety netting is not an uncommon structure adjacent to golf courses that
serves to protect persons and property. Allowance of the requested safety netting is
consistent with the intent of the Comprehensive Plan.
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2. The proposed use's compatibility with present and future land uses of the area.
Comment: The subject site has similar single family homes to the north and south and
abuts a golf course fairway to the west. The proposed safety netting is to be installed
along the north side lot line. Safety netting is not an uncommon structure adjacent to
golf courses to the extent that it may be considered that serves to protect persons and
property. While not determinate, the property owner to the north of the property line
where the safety netting it to be placed has provided a statement supporting the
proposed safety netting.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Comment: The proposed safety netting will comply with the provisions of the Zoning
Ordinance and conditions of approval.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Comment: The proposed safety netting will not generate additional traffic.
5. The proposed use can be accommodated by existing public services and facilities and
will not overburden the City's service capacity.
Comment: The proposed safety netting will not affect City services.
RECOMMENDATION
Mr. and Ms. Klosterman are requesting approval of an Interim Use Permit to allow for
installation of safety netting to protect their property abutting the Riverwood National Golf
Course. The purpose of the proposed safety netting is within the intended scope of the
allowance for special purpose fences. Our office recommends approval of application, subject
to the conditions outlined below.
POSSIBLE ACTIONS
A. Motion to recommend approval of an Interim Use Permit for Lot 10, Block 6 Riverwood
National, subject to the following conditions:
1. The safety netting, but not support poles, shall be taken down seasonally during
periods when the golf course is not open for play.
2. The safety netting shall comply with Section 11-19-4.A-F of the Zoning
Ordinance.
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3. The property owner shall enter into an encroachment agreement to be recorded
with the property if the poles are located within a drainage utility easement
assigning full responsibility to the property owner should the City need to
exercise its rights within said easement.
4. Maintenance:
a. The black finish of the poles supporting the safety netting shall be
maintained to prevent exposure of unfinished wood material.
b. The safety netting shall be maintained to prevent wear, damage, and other
deterioration that could affect the integrity and effectiveness of the
system; safety netting that is worn, damaged, or deteriorated in any wat
that would reduce the effectiveness and integrity of the system shall be
replaced.
5. The Interim Use Permit shall terminate upon any one of the following events,
whichever occurs first:
a. The operation of the abutting golf course ceases and the property is
converted to another use allowed by the Zoning Ordinance.
b. The safety netting is not installed for a period longer than one year unless
an extension has been granted in accordance with Section 11-5-6 of the
Zoning Ordinance.
c. Upon violation of conditions under which the Interim Use Permit was
approved.
d. Upon change in the City's zoning regulations that renders the use
nonconforming.
B. Motion to recommend the application be denied based on a finding that the request is
inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance.
C. Motion to table.
c. Adam Flaherty, City Administrator/Finance Director
Audra Etzel, City Clerk
Ron Wagner, City Engineer
David Kendall, City Attorney
Site Location Map
230 ft
Overview
Legend
Roads
CSAHCL
CTYCL
MUNICL
PRIVATECL
TWPCL
Highways
Interstate
State Hwy
US Hwy
City/Township Limits
c
t
Parcels
Site Location Map
58 ft
Overview
Legend
Roads
CSAHCL
CTYCL
MUNICL
PRIVATECL
TWPCL
Highways
Interstate
State Hwy
US Hwy
City/Township Limits
c
t
Parcels