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Mounds View Planning Commission April 5, 2000 Regular Meeting Page 14 The applicants, Gregory and Elizabeth Brunes, who live at 8438 Groveland Road, are requesting a variance to allow for the installation of an 8-foot tall fence in the front yard of their property. The fence would be eight feet tall for a length of 24 feet, stepping down to a six-foot fence, and stepping down again to a four-foot fence. The applicants are requesting a variance from the requirement which states that no fence exceeding four feet shall be installed in the front yard of a residential lot. Planning Associate Ericson stated the applicants have submitted a letter, which expresses their need for a taller fence as a means to reduce some issues with the property owner to the north. He stated they feel that the additional screening in this area would help them enjoy their property in a manner to which they have grown accustomed in the 30 years they have resided at the property. Planning Associate Ericson stated with this request, staff has had difficulty reconciling the issue that with a variance request, a hardship must exist, and typically, that hardship is tied to the property. He stated in this case, the hardship is not based upon the lot, but rather, created by a third party. He indicated this is not addressed in the City Code and State Statutes in terms of granting a variance. He advised that staff has examined each of the criteria that the Planning Commission is required to review with all variance applications, and in staff’s opinion, basing that strictly upon interpretation of City Code and State Statutes, a hardship does not exist in this situation. Elizabeth Brunes, 8438 Groveland Road, the applicant stated her next door neighbor, Justin, moved in approximately 3 years ago. She indicated his father purchased this house for him and he was 20 years old at that time. She stated that over the past three years, approximately 40 to 50 people have lived in the home on a temporary basis. She explained that there are illicit sex acts taking place in the yard, and the parties never stop at this property. She explained that they drink all day and all night long, and the noise never stops. She pointed out that the majority of these individuals are underage drinkers. Mrs. Brunes stated she has never called the Police on anyone in her entire life, and she has had many neighbors come and go, however, she has had to contact the Police is this situation. She stated her neighbors are so afraid of this individual they do not know what to do. She explained that every weekend he trashes everybody’s yard. His friends drive right through the yards, throwing beer bottles and the like into their yards, however, no one does anything about this because they are too afraid of Justin. Mrs. Brunes stated Justin sits out in his yard and makes obscene comments to her at every opportunity. She indicated her husband has had to put up with listening to him standing outside their bedroom window at 4:30 in the morning carrying on in this manner. The Police have informed her that he has a scanner, and he just plays games with them. She explained that every time she calls the Police, they come out and everyone runs and hides. She stated these people do not behave as adults, but rather, as drunken, immature boys.