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<br /> <br />August 29, 2000 <br /> <br />Mr. Daniel M. Shiely <br />1901 Shady Beach Avenue <br />Roseville, MN 55113 <br /> <br />Mr. Brad Hoff <br />1897 Shady Beach Avenue <br />Roseville, MN 55113 <br /> <br />RE: Fences on property located within Roseville's Shoreland District. <br /> <br />Dear Gentleman: <br /> <br />Over the past few months each of you have had conversations with Jim Henneck, Roseville <br />Building Inspector, regarding the fence on Mr. Hoffs property. The essence of these <br />conversations has been whether the fence is permitted within the 75-foot setback from the <br />ordinary high watermark (OHW) of Lake Owasso. <br /> <br />Jim Henneck has historically interpreted a fence as a structure that needs to meet the 75-foot <br />shoreland setback.. However, the Section 1016, Shoreland, Wetland and Storm Water <br />Management, does not have specific regulations for fences. The code is silent on where fences <br />can be placed; whether they can encroach into the 75 foot shoreland setback; and whether they <br />are considered a structure. <br /> <br />The Community Development Department contacted the Department of Natural Resources <br />(DNR) to ask for clarification on this issue. The DNR indicated that a fence that is six feet or <br />jess in height is not considered a structure and doe~ not need to meet the 75-foot shoreland <br />setback. Further the DNR stated that fences typically are not regulated by the shoreland <br />ordinance, rather they are regulated by standard requirements of a particular city. <br /> <br />In the case of the fence at 1897 Shady Beach A venue, it can be a maximum of six feet in height <br />and can extend down to the property line or OHW of Lake Owasso. The fence needs to be <br />located completely within the property at 1897 Shady Beach A venue and any improvements or <br />modifications need to be reviewed and approved by the City and a building permit is necessary. <br /> <br />Further, given the fact that fences six feet in height or less are not regulated by Roseville's <br />shore land ordinance, nor the DNR, obstruction of an adjacent property owners' view is not an <br />item that the city can enforce. <br /> <br />I~\ "\- ~\ c \-1 (vt {~L f <br /> <br />-A- <br />rt ;;;-, <br />~---< <br />( <br /> <br />2660 Civic Center Drive .:. Roseville .:. Minnesota .:. 55113 <br />651-490-2200 .:. TDD 651-490-2207 <br />