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Item No: 08B Meeting Date: Sep 13, 2021 MOUNDS VIEW Type of Business: Council Business City Administrator Review: City of Mounds View Staff Report To: Honorable Mayer, and City Council From: Jon Sevald, Community Development Director Item Title/Subject: Resolution 9466, Appeal of Planning Commission's Denial of a Variance to exceed permitted fence height in a front yard; 5045 Rainbow Lane Introduction: Aaron Strand (homeowner), requested approval of a Variance to allow a 6' fence in a front yard, whereas 4' is the maximum height allowed. The Planning Commission held a Public Hearing on August 18, 2021, and Denied the Variance. The applicant has appealed, and is requesting that the City Council reverse the Planning Commission's Denial of the Variance.' Discussion: The applicant received a Zoning Permit (after construction began) in November 2020 to replace a chain -link fence with a solid wooden fence. The permit application was for a 4' fence in the front yard, with a portion tapering to 6' in height near the house. The approved permit was for 4' (not 6'). Four -feet is the maximum fence height permitted within a front yard. 5045 Rainbow Lane, panoramic view from front steps toward front yard, and County Road H (at right) (photo, Aug 26, 2021). The applicant has three dogs. The house is on a corner lot, across from Sunnyside Elementary School. During the school year, there are crossing guards on the corner. The Applicant's intention with the solid wooden fence (vs. chain -link) is to screen the dogs' view of pedestrians. The front steps are very near the fence. The intent of having a 6' fence in this area is to deter the dogs from jumping over the fence, whereas a 4' fence may not contain the dogs. The fence constructed is in violation of Municipal Code 160.030 (Fencing, Screening and Landscaping). The applicant was instructed to remove that portion of the fence exceeding 4' in height, or apply for a Variance. The Planning Commission held a Public Hearing on August 18, 2021. A Public Hearing notice was published in the August 3, 2021 Shoreview Press, and mailed to property owners within 350' of the subject property. Staff received two letters; one in support of the Variance (from next door neighbor), and one in opposition (anomalous letter). Mounds View Municipal Code 16& 0.467 (Appeals); ..... `If the Board denies the applicant's relief, the applicant, within 60 days from the decision of the Board, may appeal to the City Council for the relief sought. "