PL PACKET 09161997 - Laserfiche WebLink

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STAFF REPORT DATE: September 16, 1997 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Bernard Preussner, 3209 Skycroft Drive Variance-to the City's Ordinance re: Fence Size DESCRIPTION OF REQUEST: The'property owner, Mr. Bernard Preussner; 3201 Skycroft Drive, is requesting a variance to the height limitations the City Ordinance places on residential fences. The City Ordinance restricts the height of a fence to six feet in height and no fence in a front yard shall be over four feet high, (Section 1320.03(3)). Mr. Preussner is proposing to construct a wooden fence that will be 18 feet high and 125 feet long, to act as a noise barrier between his property and the property directly to the north of his. As Mr. Preussner states in his request letter, noise from the neighbor's air conditioner apparently became disruptive to Mr. Preussner when the neighboring property owners removed a metal shed that existed between the properties. He apparently asked the neighbors to do something about the noise but no acceptable solution has been agreed upon between the neighboring property owners. SUMMARY OF ISSUES: In order for a variance to be granted, the Planning Commission needs to consider evidence presented by the property owner to determine if the topographical layout of the property creates a hardship--making,it,difficult to put the property to a reasonable use or that the City's ordinance creates a hardship that precludes reasonable use of the property. The question appears to be more of a dispute between neighbors than the inability to use property in a reasonable manner. Minnesota statute defines hardship as a situation whereby strict enforcement of the City's zoning ordinance would not allow the property to be put to a reasonable use; that the circumstances creating the hardship are not to be caused by the owner; and the variance, if granted, will not alter the essential character of the area.