02-695Council File # O 1- Gq$
oR���NA�
Presented
Referred To
Property_Appealed
1 BE TT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 18, 2002,
2 decision of the Legislarive Hearing Officer on Property Code Enforcement Appeals for the following address:
3
4
5
6
7
8
9
10
Committee Date
A�peilant
2061 Cotta�e Avenue East Diane Eishen
Decision: Variance granted on a six foot privacy fence on the west side of the property. The fence wiil start at
the top of the slope and extend back to the alley. The fence will project about 18 feet into the front yard at the 6
foot high maacimuxn height. The fence will not pass the point where the hill starts to slope down to the street at
which point the fence is allowed to be a maximum of four feet high.
ll
12
13
14
15
16
17
Yeas Nays Absent
Blakey �
Coleman �/
Hatris ,/-
Benanav �
Reiter ,/
Bostrom ,/
Lantry ✓
5 �,
18
19
20 Adopted by Council: Date: a-o o�
21
22 Adogtion Certified by Council Secretary
23 n_,. S� � � O i"
24
25
26
Green Sheet # 113827
RESOLUTION
OF SAINT PAUL, MINNESOTA
�S
Requested by Department of:
:
Form Approved by City Attomey
Approved by Mayor for Submission to Council
:
o�.- �'l5
City Council Offices
Gerry Strathman, 266-8560
����
July 29, 2002
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
nE..m.�r o.EaoR
N� 113827
antoura
PoR ❑ G1YAlTM1EY ❑ MYUFMt
❑ RMIICIU.iEkVICFiGYt ❑ qU11CYLfFAV/AttTC
❑ WmRIMA4auTMIf) �
(CLJP ALL LOCATIONS FOR SIGNATURE)
Approving the July 18, 2002, decision of the Legislative Aearing Officer on Property Code
Enforcement appeals for 2061 Cottage Avenue East.
�
PLANNING CAMMISSION
GB COMMITfEE
CIVII SERVICE CAMMISSION
Has Mis Persanlhm everMaketl uMer a cantraUtarthis tlepartment?
YES NO
Has mie oe�s«NSrm e.er 6em a cilY emPWYee9
YES NO
Does this v�suJEm+ a�ecs a sbl� not �nnalrya�ssetl M�Y curtxrt alY �abvee?
YES NO
Is Uis per�mi a 18rpeted venAOrJ
YES NO
Council Resaarch �errter
�. . � i i .
APPROVED
s
SOURCE
INFORIMTON (E%PWI�
COST/REYENUE BUDGETED (CIRCLE ONtj
ACTNITYNUMBER
YES NO
oZ�qs
�S.
NOTES OF TF� SPECIAL PROPERTY CODE ENFORCEMENT MEETING
Thursday, July 18, 2002
Room 330 Courthouse
Gerry Strathman, Legislative Hearing Officer
The meeting was called to order at 9:10 a.m.
STAFF PRESENT: David P. Nelson, LIEP (License, Inspections, Environmental Protection)
2061 Cottage Avenue East
Diane Eishen, owner, appeazed and stated she would like to build a six foot privacy fence beyond
the house setback line to the top of the slope of her front yazd. The neighbors use their front yazd
as their back yard because that is where the deck is located. There is a lot of activity on the deck.
There is a distance of 8 feet between the houses. She would like to install a six foot fence to
buffer noise from the deck and then slope the fence down to the front.
(Ms. Eishen submitted photographs and explained each one.)
Ms. Eishen stated the fence would not block anyone's view except to put the separation between
the deck and her property.
Gerry Strathman summarized: she would like to bring the four foot fence from the front up the
slope, make the fence six feet tall at the top of the slope, and run it between the houses. Ms.
Eishen added the fence would run almost a11 the way back to the alley.
Bavid P. Nelson reported he drove past the properiy yesterday. The neighbors were sitting on the
deck. He could see what she is talking about. The neighbors were out tihere using their property.
If she brought a six foot fence to the point where it starts to slope, it would not interfere with the
neighborhood because the house is up higher already.
Mr. Strathxnan asked is a four foot fence okay down from the slope. Mr. Nelson responded that
is okay and she wouldn't need a variance.
Mr. Nelson asked what she would like for dimensions beyond her house to the edge of the six
foot line. Ms. Eishen responded it would be 18 to 20 feet; however, her daughter may have made
an error in the measuring.
Mr. Nelson asked did she know where her properry lines are located. Mr. Eishen responded yes.
The chain link fence that was there was right on the property line. She is putting the new fence
six inches in from the property line.
Mr. Strathman asked has she had discussion with the neighbor about her fence plans. Ms. Eishen
responded they are aware of her plans. She is not sure what there is to discuss. They understand
that she needs some privacy.
�z ���
2061 Cottage Avenue East - Special Properry Code Enforcement Meeting Page 2
Mr. Sirathman asked why a four foot fence is not satisfactory. Ms. Eishen responded it is not
enough of a buffer as faz as the noise because the deck sits hig�er than the level af her ground.
The owner woutd be higher than four feet when he is on the deck. A six foot fence is necessary
to buffer out the noise. Also, Ms. Eishen has emphysema and the next door neighbor does
sanding on certain things, so Ms. Eishen is hoping the six foot fence wili help with this.
Mr. Strathman asked about her relationship with the neighbor. Ms. Eishen responded that they
have not been good lately because her daughter is there with the dogs. The nea�t door neighbor
does not like dogs and does not aclrnowledge them, so they bark at him. If there was a fence in
the back, they will not see him. That will keep down the bazking.
Mr. Strathxnan stated sometimes people build a high fence out of spite, and the City cannot be
parly to that sort of thing. Ms. Eishen responded it will not block anything from the neighbor
except he will not to be able to see her front steps. It will not effect his view of the street or
whatever he can see.
Mr. Strathman asked does LIEP see this as a significant problem. Mr. Nelson responded they do
not see it as problem. The owner is going to instail a four foot fence regazdless.
Gerry Strathman recommends granting a vaziance for a six foot privacy fence on the west side of
the property. The fence wiil start at the top of the slope and extend back to the a11ey. The fence
will project about 18 feet into the front yard at the 6 foot high maacimum height. The fence will
not pass the .point where the hill starts to slope down to the street at which point the fence is
allowed to be a m�imum of four feet high.
The meeting was adjourned at 9:20 a.m.
C'�.il
Council File # f� 1- Cs q S
oR��fNA�
Presented
Referred To
Green Sheet # 113827
Committee Date
1 BE IT RESOLVED, that the Council of the City of Saint Paui hereby certifies and approves the July 18, 2002,
2 decision of the Legislarive Hearing Officer on Property Code Enforcement Appeals for the following address:
3
4
5
6
7
8
9
10
Property Appealed
Appellant
2061 Cottaee Avenue East Diane Eishen
Decision: Variance granted on a six foot privacy fence on the west side of the property. The fence will start at
the top of the slope and extend back to the alley. The fence will project about 18 feet into the front yard at the 6
foot high maa�imum height. The fence will not pass the point where the hill starts to slope down to the street at
which point the fence is allowed to be a m�imtun of four feet high.
11
12
13
14
15
16
17
Yeas Nays Absent
Blakey �
Coleman �/
Harris �/
Benanau �
Reiter ,/
Bostrom ,/
Lantry �
5 0
Is
i9
20 Adopted by Council: Date: 2-0 0�
21
22 Adoption Certified by Council Secretary
23 D--. S� � J� O i
24
25
26
RESOLUTION
OF SAINT PAUL, MINNESOTA
�S
Requested by Department of:
�
Form Approved by City Attorney
�
Approved by Mayor for Submission to Council
E�
0�.-�15
City Council Offices
Gerry Strathman, 266-8560
July 29, 2002
GREEN SHEET
�
N� 113827
ancou¢a
TOTAL @ OF SI6NATURE PAGES
❑ arv�nomEV ❑ rnvetaR ^
❑ wuxcurtamxcFSO�t ❑ wuxry�acam�ccra
❑ ravortroRws9sraxr� ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Approving the July 18, 2002, decision of the Legislative Aearing Officer on Property Code
Enforcement appeals for 2061 Cottage Avenue East.
PLANNING COMMISSION
qB CAMMfITEE
CML SERVICE CAMMISSION
Has fhis persoMrm e+er wuked under a confract fa Nis depaMient7
YES NO
Vias mis P�soMim euer been a 6ty empbyee?
YES �
ooes mis versa+lfiim possess a sw,� not normanypossessea oy aor wrrent ciry emaoyeea
YES NO
I8 this persoMrm e taryeted vendol')
YES NO
Nafn all vw answeis on senarate sheM and attach ta nreen sheet
�i0UilCll R836SP0�!
JUL 2 9 2002
SOURCE
COST/REVENUE BUDGETED (CIRCLE ON�
ACTNRY NUMBER
VES NO
wFOw.unoN �owwr�
oZ �,q s
�S.
NOTES OF TI-� SPECIAL PROPERTY CODE ENFORCEMENT MEETING
Thursday, July 18, 2002
Room 330 Courthouse
Gerry Strathman, Legislative Hearing Officer
The meeting was cailed to order at 9:10 a.m.
STAFF PRESENT: David P. Nelson, LTEP (License, Inspecrions, Environmental Protection)
2061 Cottage Avenue East
Diane Eishen, owner, appeared and stated she would like to build a six foot privacy fence beyond
the house setback line to the top of the slope of her front yatd. The neighbors use their front yazd
as their back yard because that is where the deck is located. There is a lot of activiry on the deck.
There is a distance of 8 feet beriveen the houses. She would like to instail a six foot fence to
buffer noise from the deck and then slope the fence down to the front.
(Ms. Eishen submitted photographs and explained each one.)
Ms. Eishen stated the fence would not block anyone's view except to put the separation between
the deck and her property.
Gerry Strathman sunmiarized: she would like to bring the four foot fence from the front up the
slope, make the fence six feet tall at the top of the slope, and run it between the houses. Ms.
Eishen added the fence would run almost all the way back to the alley.
David P. Nelson reported he drove past the properry yesterday. The neighbors were sitting on the
deck. He could see what she is talking about. The neighbors were out there using their property.
If she brought a six foot fence to the point where it starts to slope, it would not interfere with the
neighborhood because the house is up higher already.
Mr. Strathman asked is a four foot £ence okay down from the slope. Mr. Nelson responded that
is okay and she wouldn't need a variance.
Mr. Nelson asked what she would like for dimensions beyond her house to the edge of the six
foot line. Ms. Eishen responded it would be 18 to 20 feet; however, her daughter may have made
an error in the measuring.
Mr. Nelson asked did she lrnow where her proper[y lines aze located. Mr. Eishen responded yes.
The chain link fence that was there was right on the properiy line. She is putting the new fence
six inches in from the property line.
Mr. Strathman asked has she had discussion with the neighbor about her fence plans. Ms. Eishen
responded they aze awaze of her plans. She is not sure what there is to discuss. They understand
that she needs some privacy.
c�� ���
2061 Cottage Avenue East - Special Properiy Code Enforcement Meeting Page 2
Mr. Strathman asked why a four foot fence is not satisfactory. Ms. Eishen responded it is not
enough of a buffer as far as the noise because the deck sits higher thau the level of her ground.
The owner would be higher than four feet when he is on the deck. A six foot fence is necessary
to buffer out the noise. Also, Ms. Eishen has emphysema and the next door neighbor does
sanding on certain things, so Ms. Eishen is hoping the six foot fence will help with this.
Mr. Strathman asked about her relationship with the neighbor. Ms. Eishen responded that they
have not been good lately because her daughter is there with the dogs. The nea�t door neighbor
does not like dogs and does not aclrnowledge them, so they bark at him. If there was a fence in
the back, they will not see him. That will keep down the bazking.
Mr. Strathman stated sometimes people build a high fence out of spite, and the City cannot be
pariy to that sort of thing. Ms. Eishen responded it will not block anything from the neighbor
except he wiil not to be able to see her front steps. It will not effect his view of the street ar
whatever he can see.
Mr. Strathman asked does LIEP see this as a significant problem. Mr. Nelson responded they do
not see it as problem. The owner is going to install a four foot fence regardless.
Gerry Strathman recommends granting a variance for a six foot privacy fence on the west side of
the property. The fence will start at the top of the slope and extend back to the alley. The fence
will project about 18 feet into the front yazd at the 6 foot high maximum height. The fence wiil
not pass the .point where the hill starts to slope down to the street at which point the fence is
allowed to be a maximuxn of four feet high.
The meeting was adjourned at 9:20 a.m.
rrn