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Mounds View Planning Commission August 18, 2021 Regular Meeting Page 2 ________________________________________________________________________ 5. Planning Cases A. PUBLIC HEARING, Resolution 1136-21, Variance to exceed permitted fence height in a front yard; 5045 Rainbow Lane Community Development Director Sevald stated the applicant received a Zoning Permit in November 2020 to construct a 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 within a front yard. The house is on a corner lot, across from Sunnyside Elementary School. The applicant has dogs which bark at the crossing guards and other’s walking past. The intent of the taller fence is to block the dog’s view of pedestrians, whereas a 4’ fence would not. The fence constructed is in violation of City 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. Staff recommended the Planning Commission hold a public hearing and deny the Variance due to the fact there were no unique circumstances on the property. Commissioner Munson asked if fence heights were difference for corner lots. Community Development Director Sevald reported a six foot fence was allowed on the side yard but the front yard had a four foot fence height requirement. Commissioner Nelson questioned how far the fence was setback from the street. Community Development Director Sevald stated without the benefit of a survey he could not be certain but he estimated the fence was setback 30 feet from the street. Aaron Strand, 5045 Rainbow Lane, provided the Commission with background information on himself. He discussed the improvements and repairs he has made to his property in Mounds View. He noted the fence and landscaping was far from done at this point. He explained the fence was installed to keep his dogs safe and to keep them from barking. He reviewed photos of several corner lots that had tall landscaping instead of fences and requested that his variance be approved. Commissioner Munson inquired why the fence was built up towards the house. Mr. Strand explained this was due to the steps that approach the house and noted the higher fence keeps his dogs from seeing passing pedestrians on the steps. Commissioner Munson questioned if the fence would be made all one color. Mr. Strand reported he would be painting the fence all the same color. Commissioner Nelson commented he was concerned with the fact Mr. Strand was aware of the City’s requirements with respect to the fence and failed to follow them. Mr. Strand explained the fence was somewhat of an experiment and he was hoping to keep the peace. Commissioner Nelson asked what type of trees were planted on the property. Mr. Strand stated he had planted several evergreens.