HomeMy WebLinkAboutPL PACKET 01152008 Meeting Sheet
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Box: 33
Folder: PL PACKETS 2005-2011
Document: PL PACKET 01152008
CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING AGENDA
TUESDAYS JANUARY 15,f 2008
REGULAR PLANNING COMMISSION MEETING
7:00 P.M.
COUNCIL CHAMBERS
I. CALL TO ORDER.
II. ROLL CALL.
III. PLEDGE OF ALLEGIANCE.
IV. APPROVAL OF MEETING AGENDA.
V. APPROVAL OF MEETING MINUTES OF DECEMBER 16., 2007
VI. COMMUNICATION WITH CITY COUNCIL.
VII. PUBLIC HEARINGS.
VIII. CONCEPT REVIEWS.
VIII.1. FENCE HEIGHT VARIANCE - 291E SILVER LAKE COURT
IX. OTHER BUSINESS.
X. REPORTS FROM STAFF.
XI. COMMUNITY FORUM. Individuals may address the Planning Commission about any item not includedon
the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at
the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes The
Planning Commission may refer the matter to staff for a future report or direct the matter to be scheduled on an
upcoming agenda.
XII. INFORMATION AND ANNOUNCEMENTS.
XIII. Joint Meeting with the City Council N March 18, 2008 at 5:30 pm
XIII. ADJOURNMENT.
F:\P1anning\PC Agendas\2008\01 1508 pc agenda.doc
I CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING
3 December 18, 2007
4 7:00 p.m.
5
6
7 I. CALL TO ORDER.
8
9 Chair Stromgren called the St. Anthony Planning Commission meeting to order at 7:00 p.m.
10
11 II. ROLL CALL
12
13 Commissioners present: Chair Stromgren, Commissioners Crone, Goodwin, Galyon,
14 Heinis, Jensen(arrived at 7:07 p.m.), and Jenson
15
16 Absent: None
17
18 Also present: Assistant City Manager Kim Moore-Sykes
19
20
21 III. PLEDGE OF ALLEGIANCE
22
23 Chair Stromgren invited the Commission and the audience to join in the Pledge of Allegiance.
24
25 IV. APPROVAL OF MEETING AGENDA
26
27 Motion by Commissioner Galyon, seconded by Commissioner Jenson, to approve the meeting
28 agenda as amended.
29
30 Motion carried unanimously 6/0.
31
32 V. APPROVAL OF MEETING MINUTES OF OCTOBER 16,2007
33
34 Commissioner Jenson referred to page 1, line 13, 30, and 44; and page 3, line 36 and requested
35 Commissioner Jensen be corrected to state Commissioner Jenson.
36
37 Commissioner Heinis requested adding"should"to page 2, line 24.
38
39 Motion by Commissioner Goodwin, seconded by Commissioner Jenson, to approve the Planning
40 Commission meeting minutes of October 16, 2007 as amended.
41
42 3 Ayes, 0 Nays, 2 Abstained (Galyon,Jensen)Motion carried.
43
44 VI. COMMUNICATION WITH CITY COUNCIL
45
46 None
47
Planning Commission Meeting Minutes
December 18, 2007
Page 2
1 VII. PUBLIC HEARINGS
2
3 VII L Lot Width Variance—312—32"d Avenue
4
5 Chair Stromgren opened the public hearing at 7:08 p.m.
6
7 Assistant City Manager Moore-Sykes presented the width variance request for 3112—32"d
8 Avenue submitted by Mr. Joe Schommer. She stated the application was received on November
9 21, 2007 and the 60-day expiration date is January 21, 2008. She stated the action would come
10 before Council on January 8,2008.
11
12 Assistant City Manager Moore-Sykes reported that Mr. Schommer originally applied for a
13 demolition permit to tear down the residential structure at his address. She explained he was
14 informed by staff at that time that as a result of the review of his proposed demolition, it was
15 found that his lot did not meet the 75-foot minimum lot width as established by City Code. She
16 stated that because he was destroying more than 50%of the market value of his property and
17 planned to reconstruct a large home thereby expanding a non-conforming use, he would also
18 have to apply for a lot width variance before he could reconstruct a house on the lot. Assistant
19 City Manager Moore-Sykes stated this information was verified by the City Attorney. She stated
20 Mr. Schommer did apply for a lot width variance and staff advised him of the concept review of
21 his project by the Planning Commission prior to scheduling a public hearing. She stated Mr.
22 Schommer declined due to no knowing of the need for a variance and has demolition and
23 construction scheduled.
24
25 Assistant City Manager Moore-Sykes reported a completed application, appropriate fees, and a
26 written statement from the property owner stating the situation and the hardship associated with
27 the request for a variance to the City's Code of Ordinances. She reported he also submitted, as
28 part of the application packet, is a survey done by Kemper& Associates signed and dated
29 October 26, 2007; final construction drawings of the proposed residential structure as of
30 November 16, 2007 prepared by Homeworx of Roseville.
31
32 Assistant City Manager Moore-Sykes reported the proposed house footprint, as verified by
33 Kemper& Associates, is proposed to be 1,562 Square feet, with a 40 square foot front porch; the
34 driveway is planned to be approximately 715 square feet; and a front porch of 67 square feet.
35 She noted that the side yard setbacks , while acknowledge to be a total of 15 feet, the survey
36 show side yard setbacks that add up to be less than 15 feet. The owner indicated that was an
37 error in the drawing and will be corrected
38
39 Assistant City Manager Moore-Sykes presented information regarding the hardship conditions
40 according to Section 1665.06 of the Code. She indicated staff recommends the Planning
41 Commission approve Mr. Schommer's request for a variance to the City's Code.
42
43 Mr. Joe Schommer, 3112—32nd Avenue, addressed the Planning Commission to answer
44 questions.
45
Planning Commission Meeting Minutes
December 18, 2007
Page 3
1 Mr. Mick Frank, Homeworx Construction stated they would comply with whatever requirements
2 the City stated.
3
4 Chair Stromgren commented they appear to be a couple of feet over the 25-foot height limit and
5 this needs should be looked at.
6
7 Commissioner Heinis stated he saw no mention of the current garage.
8
9 Mr. Schommer replied the garage would be demolished and replaced.
10
11 Commissioner Jenson commented that they have attempted to meet the requirements and intent
12 of the ordinance.
13
14 Chair Stromgren stated the survey did not show the fireplace cantilever projection on the west
15 side and he though that encroachment was permitted requested Assistant City Manager Moore-
16 Sykes Kim verify this.
17
18 Mrs. Inelle Jack, 3110 32nd Avenue, addressed the issue of the 15-foot variance and stated she
19 did not totally understand this.
20
21 Chair Stromgren replied the 15 foot variance refers to Mr. Schommer's east and west side lot
22 lines and must add up to 15 feet and that neither could be less than five feet. He explained the
23 survey would be adjusted to meet the 15-foot total on either side. He asked staff to verify
24 whether the fireplace is an acceptable projection as they are not a primary structure.
25
26 Mrs. Jack questioned if dangerous substances such as asbestos would be check for during
27 demolition.
28
29 Chair Stromgren replied this is regulated by the State Building Code and State regulations.
30
31 Assistant City Manager Moore-Sykes stated Mr. Schommer is required to obtain a demolition
32 permit that would be sent to the State.
33
34 Chair Stromgren explained the demolition contractor or the owner would abate any substances or
35 perform the demolition in a proper manner. He stated they are required to deal with hazardous
36 materials appropriately.
37
38 Mr. Schommer addressed the asbestos issue and stated that when the home was purchased, he
39 received documentation that no asbestos existed in the home.
40
41 Mr. Leif Thorson, 3215 32nd Avenue, questioned if the proposal included the driveway.
42
43 Chair Stromgren replied the driveway was included and the impervious surface is under the
44 maximum allowed of 35 percent.
45
Planning Commission Meeting Minutes
December 18, 2007
Page 4
1 Mr. Thorson questioned what the driveway material would be. He stated he supported what Mr.
2 Schommer is going to do.
3
4
5 Assistant City Manager Moore-Sykes indicated the driveway would be concrete or bituminous as
6 required by the City Ordinance.
7
8 Chair Stromgren closed the Public Hearing at 7:25 p.m.
9
10 Commissioner Jensen requested that staff forward the revised plan for Planning Commission
11 review and files.
12
13 Chair Stromgren requested this be accomplished prior to City Council consideration to review
14 the revisions.
15
16 Assistant City Manager Moore-Sykes stated staff would verify the side lot variances.
17
18 Motion by Commissioner Jensen, seconded by Commissioner Heinis, to approve the lot width
19 variance request from 75 feet to 68 feet and the five conditions as noted in the staff report.
20
21 Motion carried unanimously.
22
23 Assistant City Manager Moore-Sykes stated this would come before the City Council on January
24 8, 2008.
25
26 VIII. CONCEPT REVIEWS
27
28 VIII.1. Jack& Jill Daycare—Sign Proposal
29
30 Chair Stromgren reported the request was for a pylon sign of about 22 feet in height. He stated
31 this type of sign is usually restricted to only gas station signs.
32
33 Commissioner Jensen stated it seems the building itself has plenty of wall height available and it
34 would be possible to extend the wall height within code and qualify for wall signage. He stated
35 he could not see approving a pylon sign at this site. He commented this should have been done
36 at the time of the CUP.
37
38 Chair Stromgren stated it meets all the qualifications for requiring a comprehensive sign plan in a
39 strip mal. He stated this would be nice to see given the diversity of signage currently on the
40 building.
41
42 Discussion ensued.
43
44 Assistant City Manager Moore-Sykes replied that at the time of application for a CUP,there had
45 been no discussion about signage. She stated the applicants were informed of that pylon signs
Planning Commission Meeting Minutes
December 18, 2007
Page 5
1 restrictions and that a monument sign may be more reasonable and acceptable.
2
3 Commissioner Jensen stated there are several alternatives that would not require a variance.
4
5 Assistant City Manager Moore-Sykes commented the elevation for a pylon rationale is because
6 the monument sign would not be high enough.
7
8 Chair Stromgren commented their clients would know where they are located?
9
10 Discussion ensued.
11
12 IX. REPORTS FROM STAFF
13
14 None
15
16 X. OTHER BUSINESS
17
18 X.1. Elect Chair
19
20 Chair Stromgren opened the floor to nomination.
21
22 Commissioner Jenson nominated Joel Stromgren as Chair.
23
24 Assistant City Manager Moore-Sykes called for other nominations.
25
26 There being no other nominations, Assistant City Manager Moore-Sykes called for a vote.
27
28 6 Ayes, 0 Nays, 1 Abstained (Stromgren) Nomination approved
29
30 X.2. Elect Vice-Chair
31
32 Chair Stromgren nominated Don Jensen as Vice Chair.
33
34 Assistant City Manager Moore-Sykes called for other nominations.
35
36 There being no other nominations, Assistant City Manager Moore-Sykes called for a vote.
37
38 6 Ayes, 0 Nays, 1 Abstained (Jensen) Nomination approved
39
40 XI. REPORTS FROM STAFF
41
42 Assistant City Manager Moore-Sykes referenced the training handout concerning Working
43 Nature into Land Use Decisions. She requested members let her know if they wish to attend.
44
45 Assistant City Manager Moore-Sykes presented the Realtors report from October 2007.
Planning Commission Meeting Minutes
December 18, 2007
Page 6
1
2 XII. COMMUNITY FORUM
3
4 None
5
6 XIII. INFORMATION AND ANNOUNCEMENTS
7
8 XI.1. Joint Meeting with City Council March 18, 2007, 5:30 p.m.
9
10 X1.2. Other
11
12 Commissioner Jensen reported his contact information and email address update.
13
14 Commissioner Galyon stated it was a tough decision to step down from the Planning
15 Commission. He commented his work responsibilities have resulted in not having the time to
16 participate on the Planning Commission. He stated he has learned a great deal about City
17 Government. He mentioned the hardest thing about the job is understanding the rules and laws
18 and explaining the process to the residents. He stated it has been a privilege to serve on the
19 Planning Commission for the past three years.
20
21 Assistant City Manager Moore-Sykes presented the Silver Lake Road update. She stated there is
22 a need to have more information out to the community. She mentioned the width of Silver Lake
23 Road is design as a two-lane roadway with sidewalks and not a four-lane road. She stated there
24 would be parking on both sides. She stated more information is forthcoming in the City
25 Newsletter.
26
27 Commissioner Jensen requested published information be placed in the lobby.
28
29 Assistant City Manager Moore-Sykes stated an open house would be held at a later date.
30
31 Commissioner Galyon requested the information be added to the website also.
32
33 XIV. ADJOURNMENT
34
35 Motion by Commissioner Galyon, seconded by Commissioner Jenson to adjourn the meeting at
36 7:55 p.m.
37
38 Motion carried unanimously.
39
40
41 Respectfully submitted,
42 Dianna Wise
43 TimeSaver Off Site Secretarial, Inc.
r
STAFF REPORT
To: Planning Commission r Report No.: VIII.I.
From: Kim Moore-Sykes,Assistant City ManagerY"�
Date: January 15, 2008
Subject: 2916 Silver Lake Court
Requested Action: Concept Review for Variance to Fence Height
Date Application Received: January 8, 2008 — Complete application received.
Property Address: 2916 Silver Lake Court
Zoning District: R-1A
60-Day Expires: Friday, March 7, 2008
Waiver Letter Required: Yes Date Sent: No X
Future Action: Council Action: February 26, 2008.
Background: The owners of 1916 Silver Lake Court, Korrie and Dave Johnson, are requesting a variance to the
City Ordinance that regulates the height of fences at the building setback or behind to six (6) feet. The Johnson
property backs up to and is in close proximity to Silver Lake Road. The owner states that without an eight (8)
foot fence, they would be disturbed by the traffic and street lights on Silver Lake Road. They also report that
their neighbor to the northeast also have an eight (8) foot fence for the same reasons.
Action: Review the application and supplemental information provided by the applicants.
Attachments:
• Application and Letter
• Aerial of Subject Property
2916 Silver Lake Court Fence Variance concept review.doc
3301 Silver Lake Road •St Anthony,MN 55418 • (p)612.782.3301 • (f)612.782.3302
www.ci.saint-anthony.mn.us
VARIANCE APPLICATION
SUPPLEMENTAL DATA
A.GENERAL DATA UV` I!S U°l LAI�6 `ter 14Irp
APPLICANT S NAME: �,,V t
The above-named individual,firm,or corporation hereby respectfully submits the following supplemental data in support
of the preliminary information provided on the accompanying zoning application summary form dated for
the purpose of securing a variance from existing land use zoning controls.
`19h oson D,"J 61), 673 3,71�
Contact Person Last Name First Day Phone
B. PROJECT INFORMATION - // � g f
1. Specify the section of the Ordinance from which a variance is sought r-n(Y6 ,1320• -] 54 el 3
2. Explain how you wish to vary from the a plicable prov ions of the Ordinance: i,vvli C��.,�' w ShG�z
S4n.l` CO- -'he � Y� h
l0 (f= 1{h
3. Explain why the strict enforcement of the Ordinance would cause an undue hardship or deny reasonable use of the
property. State Statute defines hardship as the following: Undue hardship as used in connection with the granting of a
variance means the property in questions cannot be put to a reasonable use if used under conditions allowed by the official
controls,the plight of the landowner is due to circumstances unique to the property not created by the landow er,and the
variance if granted,wili-not alter the essential the character of the locate -'r
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4. Check all additional9upporting documents and date wCich are Wing submitted to help explain this project proposal:
❑ Site Plan ❑ Topographic Map ❑ Other(specify)
I HEREBY CERTIFY WITH MY SIGNATURE THAT ALL DATA ON MY APPLICATION FORMS,PLANS AND SPECIFICATIONS ARE TRUE AND
CORRECT TO THE BEST OF MY YNOWLEDGE.
-6167
%t..of Applicant Date
ORDER GRANTING OR DENYING A VARIANCE
In accordance with the findings stated on the reverse side of this document,the City of St Anthony hereby[ ]approves,
[ ] denies the foregoing application for variance. If approved,said approval is subject to the general and special conditions
following the findings section on page 2
By:
Authorized Signature Title Date
C:\Documents and Settings\BSuciu\Local Settings\Temporary Internet Files\OLK3C\Variance Application 2005.doc
01 -09-08
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VARIANCE APPLICATION
Page 2 Of 2
VARIANCE FINDINGS
1. This matter was heard at a meeting before the Planning Commission on: and before the City
Council on:
2. Strict application of the provisions of the Zoning Ordinance[ ]would, [ ]would not cause undue hardship to
the owner of the property in question because of the finding of facts in Resolution No. which were
presented at the public meeting held on this matter.
3. The hardship found to exist in the Finding of Facts[ ]is, [ ] is not unique to the property in questions,and
[ ]is [ ]is not shared by properties in the immediate vicinity of this property an in the same use district.
4. The granting of the variance requested[ ]would [ ]would not alter the essential character of the neighborhood.
5. See Resolution No. for conditions of the variance.
EXPIRATION
Within one(1)year after the approval of a variance or appeal if the property owner or applicant has not substantially
started the construction of any building,structure,addition or alteration requested as part of the approval,said variance
shall become null and void unless an application for extension of the approval has been submitted. A letter to extend
the approval of a variance shall be submitted to the Assistant City Manager not les than thirty(30)days before the
expiration of said approval. Such letter shall state the fact for the request,showing a good faith attempt to utilize the
variance,and it shall state the additional time being requested to begin the proposed construction. The City Council
may grant extensions not to exceed one(1)year.
C:\Documents and Settings\BSuciu\Local Settings\Temporary Internet Files\OLK3C\Variance Application 2005.doc
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Tax & Property Characteristic Information - Quick Info Page 1 of 3
Homo Site Map Contact us
Tax & Property Characteristic Information - Quick Info
RRInfo Home I I Insights I I Property Look up Record Documents Contact Us
New Property Search > Quick Information
Back to Search Results Go to E-Pay .
Quick Info Property Identification Number (PIN) 31.30.23.24.0004
Property Information Property Address 2916 Silver Lake Ct
St. Anthony 55421-3453
Taxpayer Name and Property Recorded As Abstract
Address
Assessment Date 01-02-2006 01-02-2007
Value Information Tax Payable Year 2007 2008
Total Estimated Market Value $319,500 $310,500
Value History
Total Taxable Market Value $312,000 $310,500
Structure Description Total Estimated Land Value $104,300 $104,300
Total Estimated Building Value $215,200 $206,200
Sale Information Total Property Tax + Special Assessments $4,156
Special Assessments Property Class Description Res Homestead Res Homestead
Property Tax Payment Year Built 1965
Information # of Stories 1.50
Finished SQ Feet 2685
Property Tax Payment Foundation Size 1236
History Plat or Section / Township / Range Harstad Second Addition
http://rrinfo.co.ramsey.mn.us/public/characteristic/Parcel.pasp?scrn=Quick&pin=313023240004&cnt=0 12/26/2007
Tax & Property Characteristic Information - Quick Info Page 2 of 3
Current Property Tax Legal Description Lot 2 Blk 3
Statement/Value Notice
Most Recent Qualified Sale 05-26-2004
2006 Property Tax Most Recent Qualified Price $290,000
Statement/Value Notice
2005 Property Tax
Statement/Value Notice
2004 Property Tax
Statement/Value Notice
Payment Stubs
Truth in Taxation
Statement
Minnesota State Form
M1PR
Database Last Refreshed 12-26-2007
Copyright 2003 Ramsey County
Email: PropertyTaxInfoCcbco.ramsey.mn.us
http://rrinfo.co.ramsey.mn.us/public/characteristic/Parcel.pasp?scm=Quick&pin=313023240004&cnt=0 12/26/2007
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A SERVICE CHARGE of I1/2% per month (18% Annually) will be applied
on alf past due balances.
The purchaser shall be responsible for any and all collection and legal costs MATERIAL AND INSTALLATION
incurred by Midwest Fence in the event of this bill -becoming past due. THIS ESTIMATE VALID FOR 30 TAX
Midwest Fence reserves the right to lien the improved property if payment DAYS FROM ABOVE DATE
in full as agreed .to-in this contract is not received. TOTA
Owner responsible,for,establishing correct property and fence lines.Any Permits required shall be the sole responsibility of the owner.Owner responsible for removal of
obstructions of every nature which will interfere-with the installation of the fence.This contract assumes normal ground conditions.Should rocky or excessive hard digging¢e
ericountered,owner agrees to pay,additional costs of.such work.-Midwest Fence&Mfg.Co.shall furnish only the material and labor specified in this contract.Arty changes made
from the above specifications will be billed at-Midwest's current retail prices.
This'order will become Wnding atily•updn Midwest Fence Manager's approval.
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MILNER W. CARLEY & ASSOCIATES
CONSULTING CIVIL ENGINEERS LAND SURVEYORS
500 W. HWY. 96 THEATRE BLDG. 314 OAK ST. 18 4TH AVE. S.E.
ST. PAUL 12, MINN. MONTICELLO, MINN. SAUK CENTRE, MINN. ST. CLOUD, MINN.
4843301 295-2906 352.3664 251-7751
I hereby 'certify that this survey, plan, or report was prepared by me or under my direct supervision
and thoW am a duly Registered Land urveyor under the laws of the State of Minnesota.
Reg. No 7575 Date Sept. 28 , 196
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KORRIE AND DAVE JOHNSON
2916 SILVER LAKE CT.
ST. ANTHONY, MN 55421
1
January 8,2008
City of St.Anthony
3301 Silver Lake Road
St.Anthony,MN 55418
To Whom It May Concern:
We are requesting a variance to City Ordinance 1320.03 Subdiv. 3. We are requesting an
allowance for an 8-foot fence along the back of our residence. We are seeking to replace the current
fence with a solid-style wooden fence (eg. battenboard or interlocking). The rear of our property
comes in close proximity to the four-lane portion of Silver Lake Road, which has a 40-mph speed
limit in that area. In addition, the businesses on the east side of Silver Lake Rd. north of Silver Lane
have bright nighttime security lightning.
Strict enforcement of the ordinance would result in undue hardship because it would
provide inadequate screening from traffic noise and business lighting on Silver Lake Road. This
hardship is created by the specific and unique characteristics of our property location with regard to
the proximity to road.Moreover, the fence would blend in character with the surrounding area,as the
property to the northeast currently has 8-foot fences.All of the properties on our side of Silver Lake
Ct. have rear privacy fences.
Our current fence is 7 feet in height, and we would like an 8-foot fence because it will blend
directly into the adjacent fence height.The cost of the fence will not be an economic hardship for us.
We will just be replacing the back portion of our fence; the part that backs up to Silver Lake Rd.
Thank you for your consideration in this matter.
Sincerely,
Korrie Johnson
. ain tehon
ills
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
Office: (612) 782-3301 • Fax: (612) 782-3302 • www.ci.saint-anthony.mn.us
January 9, 2008
Korrie and Dave Johnson
2916 Silver Lake Court
St. Anthony, MN 55418
RE: 2916 Silver Lake Court
Dear Korrie:
I want to write to let you know that I received your letter describing the need for a fence height variance
yesterday afternoon. As I indicated in our phone conversation on Monday,a letter describing your position
on the matter is required as part of the application process.
Also,we talked about a concept review of your project with the Planning Commission on Tuesday,January
15, 2008 at 7:00 pm. Again, this is a very,informal discussion of your project and an opportunity for you to
meet the Planning Commissioners. The required public hearing will be scheduled for February 19, 2008.
Your presence or that of a representative is required at that meeting. If you or a representative are not
present for the public hearing at the Planning Commission meeting in February,it is the practice of the
Planning Commission to automatically table the request until the property owner or representative is able
to appear.
Once the public hearing is closed, the Planning Commission will then make their recommendations to the
City Council,who will make the final decision on your application request at their next regularly scheduled
Council meeting,which is February 26,2008 at 7:00pm.
If you have any additional questions about these materials, please feel free to call me at 612-782-3312 or
email me at kim.moore-sykes@ci.saint-anthony.mn.us.
Sincerely,
Kim Moore-Sykes
Assistant City Manager
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.