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CITY OF ST. ANTHONY FOR PLANNING COMMISSION ACTION Date Submitted Type of Action Requested Agenda Item' Number Public Hearin February 1 , 1984 Concept Review Hearings-A Date Action X Formal Action/Motion Title Requested Informational Other HnvPratPn VA r i AnrP PPt;- February 21 , 1984 tion (File 01-84) ------------------------------------------------------------------------ TO: St. Anthony- Planning Commission FROM: David Childs, City Manager SUMMARY DISCUSSION OF SUBJECT: This is a request from Phi 1 ip Hoversten , who lives at 2912-32nd Ave. N.E. for a variance to allow a fence in his front yard. If you drive by, you will see the fence (which is already up) . This is a case where the homeowner put the fence up without knowing that a permit and variance was required. He has been cooperative through the process and consideration should be given to that fact. The City code (Section 340. 10, Subd. 3) permits a fence not higher than- 4 feet in a front yard, applicant' s fence is 6 feet tall . ALTERNATIVES : 1 ) Grant a variance allowing the fence to remain at its current height. (2) Deny the variance, requiring that the fence be shortened by 2 feet . RECOMMENDATION: Because traffic or other visibility is not obstructed by the fence , it does not appear that the intent of the fence ordinance would be greatly damaged by allowing the fence to remain. It should also be noted that since this is not a Zoning Ordinance variance, the statutory requirement of the three conditions does not apply (even though we have used the same application form) . I think, however, that a strong statement about not setting a precedent should be made in the motion with a special statement also that this was an after-the-fact variance and 'that the fence was not erected without a permit in an attempt to circumvent the Zoning Ordinance. ATTACPMlaNn S: X Application Form X Mailing List Letters of Support/Objection X Notice of Hearing CITY MANAGER'S REVIEW: COMMENTS :