7A, PC 09-024 - Appeal Fence at 1777 Glenview Avenue

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r.� EN HILLS MEMORANDUM DATE: January 25, 2010 TO: Mayor and City Council FROM: Meagan Beekman, City Planner SUBJECT: Planning Case #09-024 Appeal Mr. and Mrs. Schneider 1774 Gramsie Road Back�round Greg and Patty Schneider live at 1774 Gramsie Road. Their property abuts Mr. and Mrs. Maloney's property to the rear. Mr. and Mrs. Maloney were issued a fence permit to construct a fence along their rear property line on June 9, 2009. I reviewed and approved the permit. Mrs. Schneider �rst contacted the City on September 14, 2009, to inform staff that Mr. and Mrs. Maloney had begun the installation of the fence and that it encroached over the property line onto her and her husband's property. John Mennenga, the Building Inspector, and I went out to the property that afternoon to do a visual inspection. Mr. Schneider met us on site and indicated to us surveyor's monuments in the ground that he did not dispute the location of. Together we tied string around the monuments and strung the rear property line. Based on our visual inspection it appeared that approximately four to six of the fence post footings encroached over the property line by 1/2 to 1 inch, and that dirt from the digging of the fence holes had accumulated along the rear property line and encroached as well, in some areas up to a foot. At that time Staff discussed the issue and agreed that the dirt, and any other damage to the Schneider's property, needed to be remedied and the lawn returned to its original condition. Those portions of the fence post footings that encroached over the property line also needed to be removed so that no encroachment existed. The City verbally informed Mrs. Schneider of the Staff's position on September 15, 2009. Staff also verbally informed Mrs. Maloney and sent a letter on the same day. Qn the morning of September 17, 2009, Staff received calls from both Mr. and Mrs. Schneider informing us that construction had once again commenced on the Maloney's fence and that the City of Arden Hills City Council Meeting for January 25, 2010 IlAhdocsl lah IA�IdatalPlanninglPlanning Cases12009109-024 Schneider Appeal (PC Denied)101-25-10 - Regular Meeting - Memo - Appeal.doc Page 1 of 3