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Home My WebLink About7. Variance Appeal for Margaret Jacques, 15130 Dartmoor Courtok CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: September 18, 2001 AGENDA ITEM: Appeal of Board of Appeals decision; Jacques AGENDA SECTION: Variance to fence height requirement within Public Hearing street -side yard setbacks on corner lot. PREPARED BY: Aaron Jones, Planning Intern A _ , ATTACHMENTS: Board of Appeals & Adjustments summary and APPROVED BY. minutes (8/14/01); Correspondence; Map. Applicant: Margaret Jacques Location: 15130 Dartmoor Court Current Zoning: R -1 Low Density Residential District Lot Area: 11,963 sq. ft (0.27 Acres) Variance Request: To encroach 30' street -side yard setback, with a 6' high fence Board of Appeals & Adjustments Decision: No variance granted SUMMARY This public hearing was scheduled to hear an appeal by Margaret Jacques, regarding the Board of Appeals & Adjustments decision to deny a variance to street -side setbacks on a corner lot for fence height in the R -1 Residential district, which occurred on August 14, 2001. BACKGROUND Ms. Jacques applied for a fence variance that would result in a 6 foot high fence encroaching the 30 foot street - side setback area for corner lots. The ordinance allows a 42 inch high fence within this setback area. The variance request was based upon safety concerns for children and privacy. PLANNING COMMISSSION/BOARD OF APPEALS & ADJUSTMENTS ACTION The Board of Appeals & Adjustments adopted a motion to deny the variance. The arguments presented by the applicant were based upon privacy concerns and neighborhood examples. No additional information has been presented that would change the original staff recommendation in support of denial of the variance request. RECOMMENDED ACTION: Motion to uphold the decision of the Board of Appeals and Adjustments. CITY COUNCIL ACTION: Planning Commission Regular Meeting Minutes August 14, 2001 rsuant to due call and notice thereof, the Regular Meeting of the Plannin C issio was ly held on Tuesday, August 14, 2001, in the Banquet Room of sent Comm ' Center. Chairperson Jeff Caspar called the meeti o order at 6:30 p.m. with member °ff Arveson, Myron Napper, .—nd Jeff «' ' nsel present. Commissioner Jana Carr was abs Also in attendance were Ci anner Rick Pearson, Planning Intern Aaron Jones, There were no additions or ilmember to the agenda. Audience Input: N MOTION rveson to approve the July 24, 2001 Reg u anning Commission Meetin inutes. Seconded by Napper. Ayes: Arveson, Napper, ar, and W ' ensel. Nays: 0. Motion carried. Public Hearing: Margaret Jacques — Fence Variance Chairperson Caspar confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the Margaret Jacques variance application. Mr. Jones summarized the request for a variance from the 30' street sideyard setback requirements for a corner lot. Ms. Jacques wishes to install a six -foot high fence within the setback area. Staff feels the fence would present visibility issues at the intersection and would intrude into the neighbor's front yard area. Landscaping alternatives were recommended. Chairperson Caspar opened the meeting to the applicant. Margaret Jacques indicated the map on the mailed public hearing notice seemed to indicate the fence would be located in their front yard and that this caused confusion with the neighbors. She presented additional letters in support of the variance, together with comparisons to other similar lots with six -foot fences. She explained that the fence is necessary for privacy and for her children's safety as a result of increased traffic on December Trail and activity at Lions Park. Placement of the fence out of the 30' setback area would reduce the useable area of their back yard. The rear property owner who is most affected by the fence has no objection to the variance. Planning Commission Regular Meeting Minutes August 14, 2001 Page 2 Chairperson Caspar recessed the regular Planning Commission meeting and opened the Board of Appeals & Adjustment. Chairperson Caspar opened the public hearing. There were no comments. MOTION by Caspar to close the public hearing. Seconded by Weisensel. Ayes: Napper, Caspar, Weisensel, and Arveson. Nays: 0. Motion carried. Commissioners inquired about existing, similar fences in the neighborhood and whether an enforcement problem exists or if variances were granted which allowed them. Chairperson Caspar felt the variance allowing the fence would create a public safety issue. The Jacques have an existing chainlink fence, which is 10' into the setback area. There was discussion whether the 6' fence could be allowed in the chainlink fence location. Commissioner Weisensel recommended that a prior mistake not be legitimized, that the City take a look at apparent enforcement issues with other existing fences, and that the City Council review corner lot issues. MOTION by Weisensel to recommend that the Board of Appeals deny the request of a variance for a fence, subject to the fact that hardship is not presented, and that the City Council review the issue of fences in relation to corner lots. Seconded by Arveson. Ayes: Caspar, Weisensel, Arveson, and Napper. Nays: 0. Motion carried. Chairperson Caspar closed the Board of Appeals & Adjustments and reconvened the regular Planning Commission meeting. Old Business: None vermoor Wicklow Addition — Final Pla Mr. Pea resented the application by Contractor Property Developers Compann the Wicklow A n final plat. The plat consists of ten lots which back u ountD Hills and Shannon Hills. final plat is consistent with the a preliminary plat. The developer will adjust the lot ' to eliminate a deficiency for Lot 5. MOTION by Caspar to recomme the Ci ouncil approve the final plat for Evermoor Wicklow Add' ' subject to: 1) Modifica ' to Lot 5, Block 2 to eliminate the lot width vari ; 2) Execution of a subdivision agreem to secure public infrastruc including streets and utilities; 3) Incorporation of re endations of the Interi ity Engineer relative to drainage, easements, grading, public st and utilities; a 4) Payment of all platting, G.I.S., Park Dedication, applicable City Review s and 4 IX �a Ilk IN, Ilk, 1 I� S. CITY OF ROSEM Everything's Coming Up Rosemount!! ' PUBLIC HEARING NOTICE City of Rosemount. Planning Commission TO: Property Owners within a 350 foot radius APPLICANT: Margaret Jacques CITY HALL 2875 – 145th Street 1Vest — Rosemount, <v1N 55058.4997 Phone: 651. 423.4411 Hearing Impaired 651. 423.6219 Fax: 651- 423.5203 PURPOSE: To hear public comment relative to the application for a variance from height regulations for a fence. The fence would be six feet high in the street - side front yard setbtLck. LOCATION OF 15130 Dartmoor Court in Rosemount, Minnesota. / PROPERTY: 1IEETING: 6:30 p.m., Tuesday, August 14, 2001 PLACE OF Rosemount Community Center, Banquet Room HEARING: 13885 South Robert Trail Rosemount, MN 55068 HO`s' TO 1. You may attend hearing and comment. ?� �. PARTICIPATE: 2. You may send a letter before the hearing to `V thi "R Comrrtiss' 875 145th Street West, Rosemount, `�T 55068. ANY QUESTIONS: Please call the Planning Department at (651) 322 - 2051« - PROPERTY ID NUMBER: 34-83606-090-02 FEE OWNER: JEFFREY J JACQUES 15130 DARTMAR CT ROSEMOUNT MN 55068 -5526 PROPERTY ADDRESS: 15130 DARTMOOR CT ROSEMOUNT MN 55068 PAYABLE 2001 TAXES NET TAX: 2.086.34 SPECIAL ASSESSMENTS: 0.00 TOTAL TAX & SA: 2,086.34 PAYABLE 2002 ASMNT.USAGE:RESIDENTIAL i i I - SITE MAP 2001 ESTIMATED MARKET VALUES (PAYABLE 2002) 2001 BUILDING INFORMATION (PAYABLE 2002): LAND: LOT SIZE (EXCLUDES TYPE S.FAM.RES BUILDING: ROAD EASEMENTS) YEAR BUILT 1996 TOTAL: ARCH/STYLE SPLIT LEVL 11,963 SO FT FOUNDATION SO FT 1280 SCHOOL DISTRICT: 196 0.27 ACRES FINISHED SO FT 2072 BEDROOMS 3 LOCATION: SW i/4 NW 1/4 SECTION 31- 115-19 BATHS 1.75 FRAME WOOD PAYABLE 2002 HOMESTEAD STATUS: FULL HOMESTEAD GARAGE SO FT 440 OTHER GARAGE WATERSHED DISTRICT: VERMILLION RIVER MISC BLDG NEW CONSTRUCTION SALE: DATE: 6/1996 AMOUNT: 125,900 G 4 IS / \ NOTE: Dimensions rounded to nearest foot Copyright 2001, Dakota County - 'I his drawing is neither a legacy recorded map nor a survey and is not intenued to be used as one. This drawing is a compilation of records, information and data located in various city, county, and state offices and other sources, affecting the area shown, and is to be used for reference purposes only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact Dakota County Survey and Land Information Department. Map Date: August 8, 2001 Parcels Updated: 6/21/2001 Aerial Photography: 1996 PLAT NAME: WENSMANN 7TH ADDITION TAX DESCRIPTION: 9 2 i i i I N i J X2 fir - - 5 -7 r- l i z2^ / �,' 0 To: City Planning Commission From: Don and Judy Nelson, 15156 December Trail, Rosemount Regarding: Variance for a fence on 15130 Dartmoor Court, Rosemount We do not oppose a 6 foot fence on Jeff and Margaret Jacques lot. I realize that the fence does need a variance from the Planning Commission. The only way to fence in their back yard would require that the fence be installed along the street side of their property. December Trail has become extremely busy, and a six foot fence would provide the Jacques with greater privacy and safety. We are the closest neighbors to the variance, and support their request. If you have any questions, please call us at 423 -4104. S' rely, Don Nelson I- J P-00 NI quozl szooe wood ❑SNSIS -,, ) I 'J'94 Pv>S 9 + - q 1 `dSS sane NOIlN3 -LLV - lVI33dS 11V0 (10A 03N8ni3d HS(ld nOA 33S Ol S1Nt1M - -- -- - - -- NIC`JV 11110 - 1 - 111'A 33S 013AVO 11110 3SH3ld 03NOHd3ll31 - I-vo of awlu aaewnN 3000 vadv 811>30 W ❑ Xd=l ❑ NOISN31X3 useWnN 2003 V3uy SNOHd 9-9 -9 p �o 1 W • W •d : �S Wit _� Slvo W d >-JOd 3JtfSS31M 1NVIUOdW1' I August 8, 2001 Planning Commission City of Rosemount 2875145`h Street West Rosemount, MN 55068 RE: Variance for Fence for Margaret Jacques To Whom It May Concern: I am writing to express my comments regarding Ms. Jacques' application for a varian ce from the Planning Commission. My wife and I are in favor of allowing this fence to be constructed. We have looked at possible safety concerns relative to this fence, and we are of the opinion that this poses no additional concerns to our neighborhood. We also feel that this fence provides some additional security for the young children that reside there, as well as their frequent guest — including my own children. Thank you for your consideration of Ms. Jacques' request. We support her petition, and are willing to provide the Commission with any further information or comments if needed. Respectfully, Brian R. Hackerson 15151 December Trail Rosemount, MN 55068 (651) 423 -2171 r bhackerson @charter.net 4 I Z4 - I am writing to let you know that I'm against the Jacques putting a privacy fence any larger of an area than they have now. No wider or deeper. I can understand their need for privacy from the increased traffic on December Trail since the road opened. I'm sure the traffic will increase with the opening of Cub and Kwik Trip on either end. With the large increase in traffic also comes a larger safety issue. The Jacques have planted five beautiful pine trees on the corner of December Trail and Dartmoor Court. Although I love the trees they already create a blind approach going west on December Trail turning in to Dartmoor Court. My child has almost been hit once from a neighbor not able to see him until almost on top of him in the cull -d -sac. Putting a fence up to the front of the house would decrease the view coming and going by at least 20 to 25 feet. Please take the safety of all of us into consideration when making your decision on the issue. Again I'm not against making the fence they have now in to a privacy fence just any deeper or wider. X� A�� _754 7A- SITE MAP PROPERTY ID NUMBER: 34- 83606 - 090 -02 FEE OWNER: JEFFREY J JACQUES 15130 DARTMAR CT ROSEMOUNT MN 55068 -5526 PROPERTY ADDRESS: 15130 DARTMOOR CT ROSEMOUNT MN 55068 PAYABLE 2001 TAXES NET TAX: 2,086.34 SPECIAL ASSESSMENTS: 0.00 TOTAL TAX & SA: 2,086.34 PAYABLE 2002 ASMNT USAGE:RESIDENTIAL NOTE: Dimensions rounded to nearest foot Copyright 2001, Dakota County - 2001 ESTIMATED MARKET VALUES (PAYABLE 2002) 2001 BUILDING INFORMATION (PAYABLE 2002): LAND: LOT SIZE (EXCLUDES TYPE S.FAM.RES BUILDING: ROAD EASEMENTS) YEAR BUILT 1996 TOTAL: ARCH/STYLE SPLIT LEVL 11,963 SO FT FOUNDATION SO FT 1280 SCHOOL DISTRICT: 196 0.27 ACRES FINISHED SO FT 2072 BEDROOMS 3 LOCATION: SW1 14 NW1 /4 SECTION 31- 115 -19 BATHS 1.75 FRAME WOOD PAYABLE 2002 HOMESTEAD STATUS: FULL HOMESTEAD GARAGE SO FT 440 OTHER GARAGE WATERSHED DISTRICT: VERMILLION RIVER MISC BLDG NEW CONSTRUCTION SALE: DATE: 6/1996 AMOUNT: 125,900 This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information and data located in various city, county, and state offices and other sources, affecting the area shown, and is to be used for reference purposes only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are found, please conlact Dakota County Survey and Land Information. Daparlment. Map Date: August 10, 2001 Parcels Updated: 6/21/2001 Aerial Photography: 1996 PLAT NAME: WENSMANN 7TH ADDITION TAX DESCRIPTION: 9 2 DEUMER TRL N 10 ROSEMOUNT Everything's Coming Up RosemountH STATE OF MINNESOTA ) COUNTY OF DAKOTA )ss. CITY OF ROSEMOUNT ) Linda Jentink, being first duly sworn, deposes and says: CITY HALL 2875 — 145th Street West Rosemount, MN 55068 -4997 Phone: 651. 423 -4411 Hearing Impaired 651 - 423 -6219 Fax: 651 - 423.5203 I am a United States Citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On September 6, 2001, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and on September 6, 2001 deposited in the United States Post Office of Rosemount, Minnesota, copies of the attached notice of public hearing regarding the proposed vacation of drainage and utility easement in Evermoor 3` Addition, enclosed in sealed envelopes, with postage thereon fully prepaid, addressed to the persons listed on the attached listings at the addresses listed with their names. There is delivery service by United States Mail between the place of mailing and the places so addressed. Linda Jentink, y Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this Co day of September, 2001. WX'jV W ft4d j YUMMI&I - TRW AVVMN N361N2100 AON13 lic AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE FOR NOTICE OF PUBLIC EASEMENT VACATION EVERMOOR 3 RD ADDITION CITY OF ROSEMOU NT Everything's Coming Up Rosemount!! PUBLIC NOTICE CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA NOTICE OF PUBLIC EASEMENT VACATION TO WHOM IT MAY CONCERN: CITY HALL 2875 — 145th Street West Rosemount, MN 55068 -4997 Phone: 651.423 -4411 Hearing Impaired 651 - 423 -6219 Fax: 651. 423 -5203 NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount will conduct a public hearing on Tuesday, September 18, 2001 in the Banquet Room of the Community Center, 13885 South Robert Trail, beginning at 7:30 p.m. or as soon thereafter as possible. The purpose of this hearing is to consider a public easement vacation affecting the following legally described property: Lots 4,. 5, 6 and 7, Block 1 and Lots 2, 3, 4, 5, 6 and 7, Block 2 Evermoor 3rd Addition as recorded in the City of Rosemount, Dakota County, Minnesota. Such person(s) as desire to be heard with reference to the above item will be heard at this meeting. Dated this 4th day of September, 2001. Linda Jentink -ty Clerk City of Rosemount Dakota County, Minnesota Auxiliary aids and services are available - Please contact the City Clerk at (612) 322 -2003, or TDD No. (612)423 -6219, no later than September 12, 2001 to make a request. Examples of auxiliary aids or services may include: sign language interpreter, asslstive listening kit, accessible meeting location, braille, etc. LLI��IJ��II��LI��IJJJJ WENSMANN HOMES INC RHS BUILDING 1395 PLAZA DR STE 200 EAGAN MN 55122 CONTRACTOR PROPERTY DEVELOPERS CO 7100 NORTHLAND CIR STE 108 BROOKLYN PARK MN 55428 iiiiiiiiiiilliiiiliiillillillell KEITH J & ELLEN M BEULEN 13241 DANUBE LN ROSEMOUNT MN 55068 WILLIAM F & KAREN S WYSS 3 RIVER RIDGE CIRCLE ST PAUL MN 55121 I�LI�J�I��II�JJ�I�J��IIJ GLORIA J BISHOP 13252 DOWNEY TR APPLE VALLEY MN 55124 liiiiiiiiiiiiiIIiiiiiilillfillll WRIGHT HOMES INC 14420 GLENDA DR APPLE VALLEY MN 55124 lililiililiiliiliililllllltllill ARNT - SCHERER LLC 7100 NORTHLAND CIR STE 108 BROOKLYN PARK MN 55428 MICHAEL A & JOAN R FARRIS 13279 DERRYGLEN CT ROSEMOUNT MN 55068 I�IJ��IJ��II��LLI��LJLI CHARLES T & PATRICIA MEDLIN 13258 DOWNEY TR APPLE VALLEY MN 55124 lililiililiiliillliiillglllillll INNISFREE HOMEOWNERS ASSOCIATION % CHARLES CUDD LLC 275 MARKET STREET STE 445 iiiiiiiiiiiiiiiIIIiiiilllllielll CHARLES CUDD LLC 275 MARKET ST STE 445 MPLS MN 55405 Innisfree The Rosemount Town ]Pages AFFIDAVIT OF PUBLICATION Chad Richardson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper, known as The PUBLIC NOTICE Rosemount Town Pages, and has full knowledge of the facts which are stat- ed below: (A) The newspaper has complied with all of the requirements constituting CITY OF ROSEMOUNT qualification as a legal newspaper, as provided by Minnesota Statutes DAKOTA COUNTY, _ MINNESOTA 331A.02, 331A.07 and other applica la a ended. (B) The printed NOTICE OF PUBLIC EASEMENT VACATION' TO WHOM IT MAY CONCERN: which is attached, was cut from the Columns of sal ewspaper, and was printed and published once each week for CS ; NO Cityof HEREBYGllcond — successi vC eeks; it wa first u the d blished on Friday, '— ___� —_ ___�__�` ay of the City of Rosemount will wnduct a public hearing on conduct b ltyC arin g n Tuesday Septembe78 ,2001intheBanquet Roomofthe 2001 and was thereafter printed and published on every Community Center, 13885 South Robert Trail, beginning p.m. or a po Friday, to and including Friday, the____ ________ day of of t to co ns i de r r u of this hearing i to legally to consider described eas t vacation e a s e. e n vaca affecting the followi descrb property: 2001; and printed below is a copy of the Lou lower case alphabet from A to Z, both inclusive, which is hereby 4, s , 6 and 7, Block 1 and Lots 2, 3, 4, $, 6 and 7, Bloc 2Everm« u 3rd Addition as recorded in the Cit of acknowledged as being the size and kind of type used in the composition Rosemount, Dakota count Minnesota. and publication of the notice: Such person(s as desire to be heard with reference to the ' above item will be heard at this meeting. Dated this 4th day of September, 2001: atxdefgltijkln.iwpyntuvwsyz 9n E v: _Ce _Pn� Sub ibed and s or to before me on this �'' \ day _,�20 1. Notary ub is AFFIDAVIT;... DAWN M SMITH NOTARY PUBLIC - MINNESOTA My Commission Expires Jan: 31, 2005 . Rosemount, Minnesota Public Notice Margaret Jacques 15130 Dartmoor Court Variance Appeal TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing to consider the item listed below on Tuesday, September 18, 2001, at the Rosemount Community Center, Banquet Room, 13885 South Robert Trail, in Rosemount, Minnesota, beginning at 7:30 p.m. or as soon thereafter as possible. The Public Hearing pertains to property located south of CSAH 42, along December Trail at 15130 Dartmoor Court and concerns the appeal by Margaret Jacques of the Board of Appeals & Adjustments decision to deny a. variance to street -side fence requirements within the Residential District. Persons wishing to speak on this issue are invited to attend and be heard at this meeting on Tuesday, September 18, 2001. Written comments will also be accepted prior to the meeting date. Please forward all comments and inquiries to the Planning Department of the City of Rosemount, or call 651- 322 -2051. Dated this Stn day of September, 2001. Linda J. Jentink Clerk City of Rosemount Dakota County, Minnesota Auxiliary aids and services are available Please contact the City Clerk at 651- 322 -2003 or 651- 322 -6219 (TDD number) to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting locations, etc. 915 — , S, The osemount ' oven Pages AF'F'IDAVIT OF I'UBLICATI ®N Chad Richardson, being, duly sworn. on oath says that lie is an authorized agent and employee of the publisher of the newspaper, known as Vie Rosenlollnl Tbivn Pages, and has full of the facts which are stat- ed below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02, 331A.0� o er • pplicabl l ��s, is� amended. (BIThe printedt� 2t R \ e rn which is attached, was cut from the columns of •• ewspaper, and was printed and published once each week for successive eel' • 't was Irst published on Friday, the ----- - - - - -- ------- - - - - -- ------------ - - - - -- day of 01 and was thereafter printed and published on every Frida , to and including Friday, the-------------------------------------------------------- - - - - -- day of 2001; and printed below is a copy of the lower case alphabet from A to Z, both inclusive. which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: . - �Ixuu 1 any =i - :t rvwsyz 13y: -- Su rib ' and swo to bef re nne on this_ _day , 2001 Notar ubtic AFFIDAVIT DAWN M SMITH NOTARY PUBLIC -MINNESOTA twMy Commission Expires Jan. 31, 2005 Rosemount, Minnesota Public Notice Margaret Jacques 15130 Dartmoor Court Variance Appeal TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold i public hearing to consider the item listed below on Tuesday, September: 18, 2001, at the Rosemount Community Center, Banquet Room 13885 South Robert Trail. in Rosemount, Minnesota, beginning at 7:30 p.m or as'soon thereaftei m possible. The Public Hearing pertains to property located south of CSAH 42, along DecemberTmii at,1$130 Dartmoor Court and concerns the appeal by Margaret Jacques of the Board of Appeals & Adjustments decision to deny a variance to street -side fence requirements within the Residential District- . Persons wishing to spec 'an this issue are invited to attend .: and be heard at this n"eting on Tuesday, September 18. 2001: Written comments will also be accepted prior to the - meeting date. Please forward all comments and inquiries I the Planning Department of the City of Rosemount, or call 651- 322 -2051. Dated this 5th day of September, 2001. Linda J. Jenank, City Clerk City of Rosemount Dakota County, Minnesota Auxiliary aids and services are available -Please contact the City Clerk at 651- 322 -2003 or 651- 322 -6219 (TDD number) to make a request. Examples ojaWliary aids or services may include: sign language interpreter,assisdve listening kit, accessible meeting locarlont, etc. 9/5 September 26, 2001 Rosemount City Council Rosemount City Hall 2875 145 Street West Rosemount, MN 55068 Dear Mayor Busho and Council members Riley, Cisewski, Edwards, and Klassen, First and foremost, I would like to thank you for over turning the board of appeals decision to deny us a variance on our 6' privacy fence. That was a very happy moment for both my husband and I. It's been a long two months and I'm happy to say the posts went in yesterday! Secondly, I am writing to request that you waive the $165.00 fee for the appeal to your council. In all actuality, I feel that we should also be refunded the $165.00 application fee for the appeal to the planning commission, based on the fact that I know at least the six homeowners whose fences were mentioned in appeal, did not have to pay $330.00 to obtain a variance. Not including the permit, which I was very happy to pay for, the entire process cost approximately $450.00 after cropping and enlarging many photos as well as providing color prints in eleven packets as handouts. I realize the visual aids were my decision to use, as they were necessary tools for our case. I know you will do what is fair, just, and within your bounds. Thank you for your consideration in this matter. Sincerely, I Ja e c"ques '&I-D 15130 Dartmoor Ct. Rosemount, MN 55068 RECE OCT - 2001 CITY OF ROSEMOUNT 16 'I f i �i {r m t 'AN - Oqq wj 9vo', k Alo. k t. li,e ILI--AM 74 ic 7A f i t mL x ' u�! v �;,.. -- 3 .�� .' �. �;,.. -- 3 SO r. 0 ►1 5t 1 ; a � Tie m 7. t CC C IT- C"'W C' September 14, 2001 Rosemount Planning Commission 2875 145 Street West Rosemount, MN 55068 Dear Planning Commission Members: I am writing in regards to the notice for public hearing relative to the application for a variance from the height regulations of a fence on the property located at 15130 Dartmoor Court in Rosemount. It is my feeling that building a six -foot fence in the proposed location would make an already dangerous intersection even worse. December trail curves to the South just East of where the proposed fence would be located. Because of the trees located on the Southeast comer of Dartmoor Court and December trail, the property that wants the variance, it is already very difficult to see traffic coming from the East when pulling onto December trail from Dartmoor Court. Building a six -foot fence would make visibility even worse. Also, it is very common for children to play and ride their bicycles in our cul -de -sac. The trees previously mentioned already make it difficult to see into the cul -de -sac when approaching from the East. I'm afraid that sooner or later a driver is going to turn into Dartmoor Court too fast and have an accident with on of the children because of the visibility problems. I myself have had to slam on the breaks to avoid hitting a child on a tricycle after turning into the cul -de -sac at a normal 10 -15 mph fuming speed. I feel that building the fence would worsen this problem. For these reasons, I am strongly urging that you please recommend to the City Council that this application for variance is turned down. It would also do a great service to the residents on the cul -de -sac and especially the children if the five evergreen trees were removed from the comer of the 15130 Dartmoor Court property. Sincerely, C JI-C, John S. Richason Erin J. Richason 15170 DARTMOOR COURT • ROSEMOUNT, MN • 55068 PHONE: 651 423 6017