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• <br />• <br />• <br />COUNCIL MINUTES SEPTEMBER 27, 1999 <br />The City Attorney advised that the criteria to grant a variance are well laid out. Findings of Fact <br />have to be made to justify granting the variance. If the criteria can't be met the Council has an <br />obligation to deny the variance request. <br />Ms. Sue Walseth, 6408 Casssiopeia Court, came forward and pointed out where the fence would <br />be located. She gave the following reasons why a 6' fence variance should be granted: <br />1. The fence will be 70' from the stop sign, which will not obscure vehicle view. <br />2. A rear lot abutting a side lot is rare in Lino Lakes. <br />3. The elevation of the lot is such that the fence will be constructed in a hole. Therefore, <br />the fence will not be 6' high. <br />4. The second floor windows of her home are in line with the headlights of oncoming <br />traffic, the fence would block the light. <br />5. A 6' fence would provide a better buffer from noise an •RQ • ian ffic. <br />6. A 6' fence would allow for better privacy, safety, . rid r pedestrians. <br />7. The adjoining neighbor is agreeable to <br />8. The front of her home faces Ca <br />9. There are many other h• the � ity that have a 6' fence. <br />10. A 6' fence will a•• safety relating to the swimming pool and her large <br />dog. <br />11. Snow durin inter months will reduce the height of the fence. <br />12. A 6' fence should be allowed because of the trail along side the home. <br />13. There is no natural buffering in place. <br />The Council expressed concern regarding the safety of a 6' fence. Staff advised a 6' fence will <br />be less safe than a 4' fence. The Police Department was unable to comment on the safety issue <br />without visiting the site. <br />Council also expressed concern regarding the adjoining property owner. If the adjoining property <br />is sold, the new owner may not be agreeable to a 6' fence. <br />Council Member Lyden moved to approve variance as requested. Council Member Dahl <br />seconded the motion. <br />