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City of Falcon Heights • Planning Commission Minutes August 28, 2007 PRESENT: Commissioners Long, Lukermann, Rodich, Noble, Salzberg, Watkins and Councilmember Kuettel. Also present was City Administrator Miller, City Attorney Soren Mattick and Staff Liaison Jones. ABSENT: Commissioner Mercer-Taylor. The meeting was called to order by Chairman Rodich at 7:02 p.m. The minutes of the June 26, 2007, meeting were approved. PUBLIC HEARING: Variance for front fence setback at 1423 California. Prior to the opening of the hearing, staff liaison Jones presented the staff report. The applicant, Sandra Roth of 1423 California Street, had taken out a permit to build various fences on the property, including a decorative fence in the front yard. The applicant had also had a survey done on the property and property lines marked with stakes. In the process of acquiring the permit, the applicant had asked for and received comprehensive information on the fence ordinance, including a copy of the ordinance and verbal instruction by staff at the front counter (two witnesses were present). While under construction the front fence was found to be in violation of the code and terms of the permit in being placed too close to the • front property line. Aone-foot setback from the right of way/front property line is required. Instead the applicant had in error instructed the contractor to build a foot away from the sidewalk, which placed the entire front line of the fence inside the setback zone. The front property line was clearly marked at the time. Rather than move the fence back during construction as advised by staff, the applicant proceeded to complete the project and apply for a variance after the fact. Although staff findings of fact did not find any detriment to the community caused by the fence, the findings also indicated no uniqueness to this property, which is typical of hundreds of residential properties in the neighborhood, and no hardship to the owner in complying with the letter of the code. Uniqueness and hardship being the nucleus of grounds for a variance, staff did not recommend approval. Staff had received five written comments from nearby property owners prior to the hearing, four of which did not favor the variance. The Chair opened the hearing and offered to allow the applicant to speak first, but she declined and asked to speak last. Lynanne Warren, 1426 California, expressed her dissatisfaction with variances previously granted in the neighborhood and other cases where projects were done illegally before variances were applied for. She is not in favor of allowing this kind of precedent to be set and feels that this kind of activity has had a detrimental effect on neighborhood appearance and character. She also said sidewalk snow removal could be a problem with the fence in question. Rise Davis, 1407 California, asked why there is a one foot setback for property lines adjacent to the right of way. She also asked how the front lot line is determined and stated that she, too, City of Falcon Heights -Planning Commission Meeting of August 28, 2007 -Page 1 of 3