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2.3 Mr. Hoff was made aware of the inadvertent en-or and staff explained his options (reduce the proposed height of the fence or apply for a variance), but the fence was installed in violation of Section 10 12.02B2. 2.4 In August 2001, the Community Development Department notified Mr. Hoffby letter regarding the recently constructed fence and the need to comply with Section 1012.02B2 of the Roseville City Code. Mr. Hoff was given 30 days to comply. He did not comply within the specified time line and an administrative ticket was issued and another letter sent regarding the need to comply with the City Code. 2.5 On October 2, Mr. Hoff submitted his application for a variance. The continued processing of the administrative ticket was suspended pending the outcome of the vanance process. 3.0 STAFF COMMENT 3.1 Section 10 12.02B2 requires fences to be a maximum of four-foot fence tall in a front yard. 3.2 Mr. Hoffs front yard is that portion of the parcel that lies from the principal structure (house) due east to the property line along Shady Beach Avenue. 3.3 Mr. Hoff installed the existing 6-112 foot tall white plastic fence in violation of Section 10 12.02B2 of the Roseville City Code. 3.4 Staff has received several calls and letters from the adjacent property owners (directly north and south) objecting to the fence installation. Mr. Frank Hess, 1891 Shady Beach A venue, has contacted the Planning Office objecting to the fence and Mr. Dan Shiely, 1901 Shady Beach A venue, 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, 6-112 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. PF3347 ReA 112601 Page 2 of5