5710 Deer Trail East - Special Purpose Fence - Mustonen
The City Council has two options regarding the setback for the proposed special purpose fence. Staff recommends a 10-foot setback from the property line, while the Planning Commission recommends a 3-foot setback, as requested by the property owner. The two motions below reflect these alternatives.
Staff Recommendation:
To approve the request for a Special Purpose Fence submitted by Scott and Brooke Mustonen, 5710 Deer Trail East, for a 6-foot-tall privacy fence. Approval is subject to the following conditions:
Planning Commission Recommendation:
To approve the request for a Special Purpose Fence submitted by Scott and Brooke Mustonen, 5710 Deer Trail East, for a 6-foot-tall privacy fence. Approval is subject to the following conditions:
Scott and Brooke Mustonen submitted a Special Purpose Fence application to install a 6-foot-tall vinyl privacy fence on their property at 5710 Deer Trail East. A special purpose fence is a fence that is installed for a special purpose and differs from the City's fence requirements due to the construction, height, or length. This application was considered complete on September 9, 2026.
Project Description
Mr. & Ms. Mustonen are proposing a 6-foot-tall vinyl privacy fence located within the perimeter of their property. The purpose of the fence is to provide an unclimbable safety barrier for their son, who has a medical diagnosis of Autism, level 3, and is considered a "Severe Eloper". A Special Purpose Fence Permit is needed because the proposed fence exceeds the maximum 4-foot height permitted in a front yard abutting a street.
Site Characteristics
The property is located on the northwest corner of Deer Trail East and Poplar Drive. It has an area of about 12,194 square feet, a width of 134 feet along Poplar Drive and 91 feet along Deer Trail East. Single-family residential land uses are located on all sides, including across both streets.
There is a single-family home with an attached garage on the property that is oriented towards Deer Trail East. There is also a shed behind the garage. The house is on a corner lot, which means that both the yards adjacent to Deer Trail East and Poplar Drive are considered front yards per city code. The side along Poplar Drive is occasionally referred to as the backyard in the application.
According to the City's permit history, there has never been a fence on the property before.
Development Code
The property is located in the R1, Detached Residential Zoning District. Per Development Code Section 107-65 (d) (7), fences are permitted in Residential Districts provided the following standards are met:
(b) Height.
1. Fences in front yards or any yard adjacent to a public road right-of-way or road easement shall not exceed four feet in height, except:
2. Fences in other side or rear yards shall not exceed six feet in height. In no case shall the combined height of any fence and berm exceed the maximum height permitted by more than one foot.
Poplar Drive and Deer Trail East are classified as local roads.
Section 103-98 establishes a permitting process for fences that differ in construction, height, or length. These types of fences are permitted in any district, provided a Special Fence Permit is approved by the City Council. Before issuing a permit, the City Council may require the applicant to secure in writing the consent of the adjoining property owners. The City Council may also submit the matter to the Planning Commission for its recommendation.
The City Staff notified property owners who have property adjacent to the subject parcel, including those across the street from the proposed fence.
Applicant's Statement
The intent of the fence is to provide a containment barrier for their son, who is Autistic and has a history of elopement. A 6-foot vinyl privacy fence is needed so he can play outside and not scale the fence. The applicant's full statement is attached. An IEP from Mounds View Public Schools was also included with the application that states the son has "A Functional Behavioral Assessment identified elopement as a target behavior, occurring primarily during transitions and appearing sensory-seeking function, particularly related to accessing auditory input." The elopement is a Target Behavior where it is identified that he is leaving or attempting to leave the classroom without permission and/or during times other than appropriate transitions away from the classroom.
Staff Review
Mr. & Ms. Mustonen are proposing to install a 6-foot tall vinyl privacy fence in the full area from just in front of the rear of their home to the rear property line, spanning 88 feet - from the south side property line to 3 feet away from the front property line along Poplar Drive. The area from the northeast corner of the home to Poplar Drive is considered a front yard, and a four-foot fence would be required in that area.
In Staff’s opinion, the proposed fence height and material are reasonable for the intended purpose of the fence.
Staff does, however, have concerns with the proposed 3-foot setback from the property line along Poplar Drive. Staff believes a 6-foot fence located only 3 feet from the Poplar Drive right of way could create a tunnel-like appearance and alter the character of the surrounding neighborhood. Increasing the setback to 10 feet, along with incorporating vegetation screening, would provide a more open appearance and better fit the residential character of the neighborhood.
Staff recommends a 10-foot setback, which would more closely align with the intent of Sec. 107-65(7)(b)(1)(i), which allows a 6-foot fence adjacent to an arterial road when the fence is set back at least 10 feet from the property line. A 10-foot setback would also provide additional space for vegetation to screen the fence.
There is also an existing tree near the northwest corner of the proposed fence. With the proposed 3-foot setback, the tree would be located inside the fence and would no longer be available to provide natural screening. A 10-foot setback would keep the tree outside the fence and allow it to provide natural screening along that portion of the fence.
Finally, given the size of the lot, there would still be ample yard space available for the child with a 10-foot setback from the property line. Staff does not believe increasing the setback from 3 feet to 10 feet would significantly reduce the usable yard area or interfere with the intended purpose of the fence.
Public Comment
Property owners within 150 feet were notified of the request. At the time of this report, one comment in opposition and one comment of support were received by staff.
The applicants sought out signatures of approval from nearby neighbors. See attached neighbor signatures in Application.
Planning Commission
The Planning Commission unanimously agreed to recommend the Mustonens' application for approval with an amendment to condition #2, changing the setback condition from 10 feet within the property line to 3 feet.
Commissioner Ahmadvand asked staff to describe what a tunnel-like appearance means. The commissioner disagreed with staff that the proposed 3-foot setback would create a tunnel-like appearance and expressed support for striking condition #2.
Commissioner Helgen noted that condition #2 should not be stricken, but amended to 3 feet to reflect the applicant's proposal. The Commissioner asked staff to work with the applicant on condition #3 to avoid driving up the cost of the vegetation screening, noting that planting several trees would be expensive. Staff commented that the language of condition #3 is intentionally vague so that staff may work with the applicant on appropriate vegetation screening.
Chair John expressed general support for the previous statements of Commissioners Admadvand and Helgen. The Chair asked about the distance from the curb to the fence. Confirming that the 9-foot Right of Way plus the proposed 3-foot setback would place the fence roughly 12 feet from the curb. The Chair compared this to the 10-foot setback that staff recommended, which would place the fence roughly 19 feet from the curb, noting that full use of the applicant's yard was an important consideration.
Commissioner Solomonson asked about the utility easement located in the Right of Way along Poplar Drive. The Commissioner asked if staff was concerned about planting vegetation on top of the easement. Staff confirmed the existence of the utility easement and maintained its recommendation for vegetation screening between the fence and Poplar Drive, as is typically required for 6-foot fences along arterial roads in the City.
The Planning Commission voted 6-0 to recommend the Mustonens' request for a special fence permit for approval by the City Council.
Staff recommends the Planning Commission recommend the City Council approve the request for a Special Purpose Fence submitted by Scott and Brooke Mustonen, 5710 Deer Trail East, for a 6-foot-tall privacy fence. Approval is subject to the following conditions: