Agenda Packets - 2006/09/11 - Laserfiche WebLink

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Mounds View City Council August 14, 2006 Regular Meeting Page 3 1 Mayor Marty opened the public hearing at 7:21 p.m. 2 3 Hearing no comments, Mayor Marty closed the public hearing at 7:21 p.m. 4 5 MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Resolution 6901 6 Approving a Conditional Use Permit for an Oversize Garage at 2932 Woodale Drive. 7 8 Ayes - -- 5 Nays - -- 0 Motion carried. 9 10 B. Second Reading and Adoption of Ordinance 773, an Ordinance Amending the 11 Zoning Code Relating to Landscaping, Fences and Retaining Walls. (ROLL 12 CALL VOTE) 13 14 Director Ericson explained that the ordinance is back for a second reading after the previous 15 second reading on June 26th was tabled. He stated the Amundsens had additional language 16 requests and that the Council tabled action and recommended the City Attorney and Planning 17 Commission review suggested changes. 18 19 Director Ericson stated the changes were presented to the Planning Commission on August 2nd. 20 He explained the Commission reviewed the changes individually and felt none of the suggested 21 changes should be included in the ordinance and it should be approved as previously presented. 22 23 Director Ericson explained that the Planning Commission had previously discussed the language, 24 but determined it does not make sense to incorporate the suggestions universally. He stated the 25 changes could be considered over -legislated in some cases. He stated if the City has control over 26 the land, that there will be railings and protections on retaining walls, but the Planning 27 Commission felt it did not make sense to change the language universally. 28 29 Director Ericson stated Staff and the Planning Commission suggest approving the ordinance as it 30 was originally presented. He stated Staff believes the code does sufficiently address some of the 31 concerns brought up by the Amundsens. He added Staff is recommending the ordinance the way 32 it was originally presented because they do not want to over -legislate. 33 34 Mayor Marty opened the public hearing at 7:27 p.m. 35 36 Brian Amundsen, 3048 Wooddale Drive, stated that when the he brought his and his wife’s 37 concerns to the Planning Commission and Council in the spring, he was told there was no 38 ordinance to address his situation. He stated that the language his wife suggested would 39 specifically address his concern. He stated the suggested wording regarding retaining walls next 40 to pools would have allowed the Council or Planning Commission to deny any retaining wall that 41 is along side a public safety structure. 42 43 Mr. Amundsen stated that he suggested additional language regarding public safety and asked the 44 language be incorporated into item seven. He said he is more concerned about safety and 45