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Planning Commission Regular Meeting Minutes September 16, 1997 • Page 2 I Ms. Moore-Sykes reported the property owner, Mr. Bernard Preussner, 3201 Skycroft Drive, 2 is requesting a variance to the height limitations that the City Ordinance places on residential 3 fences. The City Ordinance restricts the height of a fence to six feet in height and no fence 4 in a front yard shall be over four feet high, (Section 1320.03(3)). 5 Mr. Preussner is proposing to construct a wooden fence that will be 18 feet high and 125 feet 6 long, to act as a noise barrier between his property and the property directly to the north of 7 his. As Mr. Preussner states in his request letter, noise from the neighbor's air conditioner 8 apparently became disruptive to Mr. Preussner when the neighboring property owners 9 removed a metal shed that existed between the properties. He apparently asked the neighbors 10 to do something about the noise but no acceptable solution has been agreed upon between the 11 neighboring property owners. 12 In order for a variance to be granted, the Planning Commission needs to consider evidence 13 presented by the property owner to determine if the topographical layout of the property 14 creates a hardship making it difficult to put the property to a reasonable use or that the City's 15 ordinance creates a hardship that precludes reasonable use of the property. The question here 16 appears to be more of a dispute between neighbors than the inability to use property in a 17 reasonable manner. 18 Minnesota statute defines hardship as a situation whereby strict enforcement of the City's • 19 zoning ordinance would not allow the property to be put to a reasonable use; that the 20 circumstances creating the hardship are not caused by the owner; and the variance, if granted, 21 will not alter the essential character of the area. 22 Mr. Preussner, 3201 Skycroft Drive, stated he would call his request for a fence a request for 23 a noise barrier. He stated he had contacted the lady next door in a pleasant manner and asked 24 that something be done to protect him from the noise. 25 Commissioner Makowske arrived at 7:15 P.M. 26 Mr. Preussner stated his neighbor came over after three days and brought him ear plugs and 27 told him to move out-of his master bedroom. He stated he has tried to keep this issue low 28 key and contacted the Public Works Director who stated he would handle it. It is now 29 September and nothing has been solved. This means he will have to live under the same 30 conditions next year. He questioned if he had done something wrong, stated he felt that he 31 had done something wrong. He asked what the Commissioners would do in this situation. 32 He stated he can't force this lady to do anything but that he has to protect his mental and 33 physical health. He needs his sleep to stay healthy. 34 Mr. Preussner reported he had contacted the Pollution Agency and they would be able to offer 35 assistance if he was located in a commercial area. He stated he had spoken with Mayor • 36 Ranallo and his air conditioner contractor had advised him that certain locations would result 37 in the unit being more noisy to,neighbors. Mr. Preussner explained that in his case the air 38 conditioner was at a right angle and located under an overhang. The noise didn't have