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August 29, 2000 Mr. Daniel M. Shiely 190 I Shady Beach Avenue RosevilJe, MN 55113 Mr. Brad Hoff 1897 Shady Beach Avenue RosevilJe, MN 55113 RE: Fences on property located within Roseville's Shore/and District. Dear Gentleman: Over the past few months each of you have had conversations with Jim Henneck, Roseville Building Inspector, regarding the fence on Mr. Hoff's property. The essence of these conversations has been whether the fence is permitted within the 75-foot setback from the ordinary high watermark (OHW) of Lake Owasso. Jim Henneck has historically interpreted a fence as a structure that needs to meet the 75-foot shoreland setbac~.. However, the Section 1016, Shoreland, Wetland and Storm Water Management, does not have specific regulations for fences. The code is silent on where fences can be placed; whether they can encroach into the 75 foot shoreland setback; and whether they are considered a structure. The Community Development Department cQntacted the Department of Natural Resources (DNR) to ask for clarification on this issue. The DNR indicated that a fence that is six feet or jess in height is not considered a structure and doe~ not need to meet the 75-foot shoreland setback. Further the DNR stated that fences typically are not regulated by the shoreland ordinance, rather they are regulated by standard requirements ofa particular city. In the case of the fence at 1897 Shady Beach Avenue, it can be a maximum of six feet in height and can extend down to the property line or OHW of Lake Owasso. The fence needs to be located completely within the property at 1897 Shady Beach Avenue and any improvements or modifications need to be reviewed and approved by the City and a building permit is necessary. Further, given the fact that fences six feet in height or less are not regulated by RosevilJe's shore land ordinance, nor the DNR, obstruction ofan adjacent property owners' view is not an item that the city can enforce. 2660 Civic Center Drive ~ Roseville ~ Minnesota <- 55113 651-490-2200 ~ TDD 651-490-2207 A 11.J\( t\ t~t1'-0 -tF s;