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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