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north and south) objecting to the fence installation. Mr. Frank Hess, 189 1 Shady Beach Avenue, has contacted the Planning Office objecting to the fence and Mr. Dan Shiely, 1901 Shady Beach Avenue, has provided the Planning Commission with a packet of information opposing the variance. Two issues have been identified: A) The fence construction to almost the shoreline of Lake MCCarrons. B) The portion in the front yard taller than the required four feet. 3.5 Staff has determined that the Shoreland Ordinance (Section 1016) does not have specific regulations for fence height or location. Therefore, the standards of the City Code apply (4 foot front yard height, 6-1/2 foot side/rear yard height except comer or through lot). 3.6 The Minnesota Department of Natural Resources (DNR) has also reviewed the Roseville Shoreland Ordinance and DNR regulatory authority and concluded that the fence can extend to the shoreline and be to the limits specified (side and rear yard) in the Roseville Zoning Ordinance (see attached letter). 3.7 Mr. Hoff has indicated that a bathroom and bedroom face the front yard and have limited privacy. The fence shelters views into these two rooms. Mr. Hoff also states that the fence blocks headlights entering the home from the street and the neighboring driveway. 3.8 The Community Development Department has determined that the fence section in violation of the City Code height requirement is approximately 64 feet in length. 4.0 STAFF VARIANCE FINDINGS 4.1 Section 1013.02 requires the applicant to demonstrate a physical hardship and to demonstrate that no practical alternatives exist that would reduce the need for a variance 4.2 Variance may be granted where the strict enforcement of the literal provisions of the ordinance would cause "undue hardship". The granting of a variance shall only occur when it can be demonstrated that such an action will be in keeping with the spirit and intent of the ordinance. 4.3 "Undue hardship" as used in connection with the granting a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the land owner is due to circumstances unique to the property not created by the land owner, and the variance, if granted, will not alter the essential character of the locality. Specific to this request: A. Theproperty in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The Community Development Department has determined that the property can be put to a reasonable use under the official controls if the fence were to be reduced to the required height of four feet. However, the front yard area that lies between Mr. Hoff s and Mr Shiely's property (north fence location) is too narrow to plant a landscape buffer for screening and privacy. Plants typically used to create a solid buffer would be coniferous species and the distance from the existing PF3347 RCA 042202 Page 3 of 6