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W CITY OF ST. ANTHONY VILLAGE RESOLUTION 08-023 A RESOLUTION FOR A VARIANCE FOR FENCE HEIGHT OF TWO (2) FEET FOR 2916 SILVER LAKE COURT WHEREAS, the St. Anthony Planning Commission held a public hearing on March 18, 2008, regarding a request for a two (2) foot variance for fence height for 2916 Silver Lake Court; and WHEREAS, staff presented a Staff Report that provided information regarding the variance request and the subject property as received from the property owners; and WHEREAS, staff also presented the Planning Commission with Findings of Fact for their review and consideration; and WHEREAS, the Findings of Fact state: 1. The variance. if granted. will not alter the essential characteristics of the locality. Rebuilding the fence to eight (8) feet will not be a detriment to the neighborhood and will more in keeping with the essential characteristics of the area. The Johnsons have reported that their neighbor to the northeast has an eight (8) foot fence. The Johnsons stated that their seven -foot fence has been in place for several years. 2. The property cannot be put to a reasonable use without the variance. The Johnsons propose to replace the fence with a fence that will continue to act as a barrier to vehicular noise and lights from the commercial properties on the east side of Silver Lake Road, which are outside the corporate boundaries of the City of St. Anthony, therefore not subject to the City's ordinances. Allowing the variance to fence height will maintain their property values and continue the City's goal of keeping housing stock that is safe and livable. 3. The circumstances causing the hardship were not created by the owner. The current house was built in 1965, at a time when there were less traffic on Silver Lake Road. Mr. Johnson reported that it seems that there is more truck traffic, perhaps due to the commercial redevelopment of the former Apache Plaza site. It was also noted that the commercial properties on the east side of Silver Lake Road are in the neighboring community of New Brighton and are not subject to regulation by St. Anthony. Staff noted that the seven -foot fence was in existence at the time the Johnsons purchased the property in 2004. 4. Economic considerations alone are not the basis of the hardship. While the variance if approved, would maintain the value of this property, it is not the only consideration for the property owners. They have expressed a need to Z:\Council Meetings\2008\03252008\res2916 Silver Lake Court.doc