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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