HomeMy WebLinkAbout6.f. Receive Letter of Appeal of Decision of Board of Appeals and Adjustments and Set Public Hearing40
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL REGULAR MEETING DATE: June 18, 2002
AGENDA ITEM: Receive letter of Appeal of decision of Board
of Appeals and Adjustments
AGENDA SECTION:
Consent
PREPARED BY: Rick Pearson, City Planner
AGE fJff.
# 6
ATTACHMENTS: Letter from the Schlies
APPROVED BY
Michelle and Bruce Schlie, 14053 Belmont Court, applied for a fence height variance
from 42" to 48" in their street -side yard, due to concerns over their dogs and young
children. A public hearing was held on May 28 regarding this matter. The variance was
denied. The applicants request an appeal to City Council. Attached are letters from the
Michelle and Bruce Schlie and the adjacent neighbors. A public hearing is required to
hear the appeal. July 2, 2002 is the soonest date available.
RECOMMENDED ACTION: Motion to receive the letter of appeal and schedule a public
hearing for July 2, 2002.
CITY COUNCIL ACTION:
EXECCouncil.DOC
June 10, 2002
RE: Appeal to City Council regarding Variance for fence height.
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
To Whom It May Concern: 06 A 1 1: 5 6 IN
SUBJECT. REASON FOR APPEAL
1. Our main concern is safe M. We have a six and two- year -old. With our housing
development, there are about 170 houses. There are only two streets that you may
enter the development, one of which is Birch St W. This street is very busy and
there is only one stop sign, which is at the entrance from Biscayne Ave. Our house
is on the corner of Birch St W and Belmont Court. Our concerns are when our
kids want to play in the backyard. Kids can be unpredictable, especially our two -
year -old, even under adult supervision. With a fence, we would feel much safer!
2. We have received a "Notice to Declare Dog Potentially Dangerous to Other Dogs"
from the City of Rosemount, Case # 02 -814 against our Blue Heeler. We originally
requested a Variance for a four -foot fence. Since our discussion with the Planning
Committee, we have decided to increase the height to a five -foot fence. We have two
dogs, a Rottweiler and a Blue Heeler. The discussion at the Public Hearing was that
a four -foot fence Tight not keep the Blue Heeler in the yard. We have not seen her
jump that high, however; we would feel safer with a five -foot fence. The house we
previously owned did have a five -foot fence and she did not escape. We are trying to
make every effort to prevent this occurrence from happening again.
3. Our neighbor's house foundation is almost two feet above the level of our
foundation. With this elevation difference between our houses' the 1
difference for the fence would not change any of our neighbor's views. Our
adjoining neighbors involved have no objections. We have included a copy of a letter
signed by our neighbors stating that they have no issues with the fence.
4. The proposed fence is not going all the way down to the sidewalk. We are
tentatively planning to have the fence end at 10 feet before the sidewalk. I say
tentatively because our development has not planted our trees and we are not sure
where they will lie. We would like to have a 6 -foot clearance from the fence to the
trees.
14053 BELMONT COURT
ROSEMOUNT, MN 55068
-2- June 10, 2002
5. We have signed a contract and put a down payment with a fencing company. We
were not aware of the different ordinances in Rosemount and the company did not
advise us either. With this fencing company, we were responsible for applying for
the permit, and this is when we have found out about the different ordinances. The
Fence Company told us that we would be responsible for the product if they can not
resell it.
6. We are also considering doing home daycare in the future. Again, we would want
the safe provided by the proposed fence.
Sincerely,
Michelle & Bruce Schlie
Enclosure (4)
Variance Application
Permit Application
Document signed by neighbors
or
BRENT AND SUSAN PARKINSON
2313 BIRCH ST. W. .
ROSEMOUNT, MN 55068
June 7, 2002
City of Rosemount
2875 145' Street West
Rosemount, MN 55068
Dear Sir or Madam:
We have been in close contact with our neighbors, Michelle and Bruce Schlie, regarding their
fence situation. Our understanding is that the fence will be 5 feet in height. It will go out from
their back corner of their ( Schlie's) house about 30 -feet and_ down along the street to our
property line. It will then border the property line along the side /back of our house. The
fence will border the Schlie's property line and will go up to their garage. We have no issues or
concerns with the Schlie's request for this fence. If you have questions or concerns, you may
contact us at (651) 423 -0198.
Sincerely,
Susan Parkinson
Brent Parkinson
2313 BIRCH ST. W. • ROSEMOUNT /MN • 55068
PHONE: 651- 423 -0198