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retaining wall is too narrow to accommodate these plants without the agreement of Mr. Shiely. The existing 5-1/2 foot opaque fence (6-1/2 total height with 1 foot of lattice) can provide the necessary privacy desired in the narrow strip between the two properties and eliminate headlight glare from the street and the adjacent driveway. B. The plight of the landowner is due to circumstances unique to the property not created by the landowner: The need for the variance is due to the desire of the property owner to have a fence 6-1/2 feet tall to provide additional privacy and block headlight glare into the home from vehicles traveling southbound on Shady Beach Avenue and using the neighboring driveway. The Community Development Department has determined that there is a topographical change that occurs on Shady Beach Avenue and the Shiely driveway that can direct vehicle headlights into the Hoffhome. C. The variance, if granted, will not alter the essential character of the locality: The Community Development Department has determined that constructing a fence 6-1/2 feet in Mr. Hoffs front yard would not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare, of the city or the adjacent properties. 4.4 For the past two years the Community Development Department has been involved in issues concerning Mr. Hofrs fence. Such as, the fence deterioration from adjacent property watering and its location within the Shoreland District. It is not the Community Development Department's responsibility to determine whether Mr. Hofrs fence has deteriorated from yard watering. The City Code allows a 6-112 foot fence to be installed in the side and rear yards of single-family properties throughout Roseville. Further, the Code does not address lakeshore property, nor obstructions created from fences installed along a property line that extends to the shoreline. Such issues of whether a fence is installed within the shoreland district should be to the discretion of a property owner, hopefully with the input of neighbors. 4.5 Should the fence along the side yard still be an issue for the adjacent property owners, the staff suggests that the three parties go through mediation to try to remedy their concerns/issues. The City offers a mediation program (Dispute Resolution, Inc.), which could be established for the three parties through the City Manager's Office. 5.0 POLICY & FISCAL IMPLICATION 5.1 The Comprehensive Plan and the Roseville Housing Improvement Plan encourage maintaining and improving residential properties and infrastructure, as well as reconstruction and rebuilding of residential structures (and neighborhoods) throughout the community. 5.2 Other than the cost to the City of the potential fence relocation, there are no additional fiscal implications and no public infrastructure improvements or extensions necessary. PF3347 ReA 042202 Page 4 of6