Memorandum

TO:
Planning Commission
 
FROM:
Branch Johnson-Roets , Community development intern
 
DATE:
September 22, 2026
 
SUBJECT:

5710 Deer Trail East - Special Purpose Fence - Mustonen

 
ITEM NUMBER:
7.B
 
SECTION:
NEW BUSINESS
 

 
REQUESTED MOTION

To 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:

 

  1. The project must be completed in accordance with this approval. Any significant changes, as determined by the City Planner, will require review and approval by the Planning Commission.
  2. The fence shall be set back 10 feet from the property line along Poplar Drive. 
  3. Vegetation screening shall be planted between the fence and the property line along Poplar Drive.
  4. The fence serves a special purpose, which is to provide personal safety and security to the applicant's son. Upon sale of the property or vacation of the property by the applicant and/or their son, the fence shall be brought into compliance with the City's Development Code. The applicant shall notify the City a minimum of 30-days prior to said sale or vacation of the property. 
  5. The fence shall be maintained in accordance with the standards of the Development Code.
  6. The applicant shall obtain a zoning permit for the fence.
 
INTRODUCTION

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. 

 
DISCUSSION

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:

  1. Fences in a rear yard of a double fronted lot, adjacent to an arterial or collector roadway, may be up to 6 feet in height.
  2. On corner lots whose side yard abuts an arterial roadway, fences in that side yard may be up to six feet in height, provided that the fence is setback at least ten feet from the property line abutting the right-of-way or any pedestrian or road easement and plantings (shrubs or trees) as approved by the city are established and maintained between the fence and the right-of-way.

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 Poplar Drive 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.

 
RECOMMENDATION

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:

 

  1. The project must be completed in accordance with this approval. Any significant changes, as determined by the City Planner, will require review and approval by the Planning Commission.
  2. The fence shall be set back 10 feet from the property line along Poplar Drive. 
  3. Vegetation screening shall be planted between the fence and the property line along Poplar Drive. 
  4. The fence serves a special purpose, which is to provide personal safety and security to the applicant's son. Upon sale of the property or vacation of the property by the applicant and/or their son, the fence shall be brought into compliance with the City's Development Code. The applicant shall notify the City a minimum of 30-days prior to said sale or vacation of the property. 
  5. The fence shall be maintained in accordance with the standards of the Development Code.
  6. The applicant shall obtain a zoning permit for the fence.
 
ATTACHMENTS
Location Map - 5710 Deer Trail E
5710 Deer Trail E Applicant Statement and Plans
Public Comments