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Mounds View Planning Commission May 5, 2004 Regular Meeting Page 3 ________________________________________________________________________ privilege in that every property owner has the right to apply for a variance to seek relief from the literal application of the zoning codes. While true that the Planning Commission has not before granted approval for a tall fence, one such request was granted by the City Council. Director Ericson stated that the variance requested should also be the minimum variance which would alleviate the hardship. The applicant is requesting a two-foot variance to have a six-foot tall fence where a four-foot fence is permitted. The applicant indicates that six feet is the minimum to alleviate his hardship. Director Ericson reported that the variance should not be detrimental to the purpose of the Code or to other property in the same zone. Director Ericson commented that the applicant perceives that he has a hardship and he is requesting the variance for privacy reasons. He has presented a statement from some neighbors that indicate they are not opposed to the fence, but the adjacent property owners to the fence have voiced their opposition to the fence. Both the applicant and the applicant’s neighbors have provided additional information for tonight’s meeting. Director Ericson recommended that after holding the public hearing and taking testimony from staff, the property owner and affected neighbors, the Commission direct staff in one of three ways regarding this request: 1) Draft a resolution to approve the variance as requested or as mutually amended; 2) Draft a resolution to deny the request based on the lack of demonstrated hardship or practical difficulty; or, 3) Seek out additional information to clarify the request. Commissioner Zwirn asked if the home on 2208 Lois Drive sits closer to the street than 2204 Lois Drive. Director Ericson explained that the street actually comes closer to 2004 but the homes have approximately the same setback. The applicant’s home does stick out a little bit. Commissioner Zwirn asked the approximate lineal footage of the proposed fence. Director Ericson stated the fence would be approximately 45 lineal feet. Commissioner Johnson asked how close the fence would be to the asphalt of the street. Director Ericson responded that he believes the boulevard is approximately 16 feet. Commissioner Johnson noted that the fence would block the view of the home on 2204 Lois Drive. Chair Stevenson opened the public hearing at 7:15 p.m. Mr. Read, the applicant, indicated that things have gotten progressively worse over the years with his neighbor and he is looking for the variance for the fence to solve some of the issues.