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Mounds View Planning Commission September 1, 1999 <br /> Regular Meeting Page 21 <br /> • <br /> Jopke stated that staff would review the minutes to define what the location of the fence was, and <br /> should be, and report back to the Planning Commission. He inquired if the Commission would direct <br /> staff to notify the residents of a public hearing. <br /> Commissioner Johnson stated he would like the City Attorney to review the matter, to determine if <br /> it is legally necessary to have that meeting. He stated Mr. Smith was the type of developer who <br /> attempted to cooperate with the neighbors, and if he is not required to come back through the entire <br /> process, he should not have to. <br /> Jopke stated staff would contact the City Attorney's office. He inquired at what point the <br /> Commission would like to notify the neighbors. Commissioner Stevenson stated he did not know <br /> where the Planning Commission's involvement in this matter was. He stated, if they desired a public <br /> forum, he did not see where the Planning Commission should be further involved in the process. He <br /> stated he was not saying there shouldn't be a public forum, however, he did not think it should be <br /> held at the Planning Commission level. <br /> Chairperson Peterson stated if the City Attorney came to the same conclusion as the Planning <br /> Commission, in that there was no requirement to locate the fence behind the building, which would <br /> • cause it to encroach into the buffer, there would be no issue that would require action of the Planning <br /> Commission. He stated, however, there was an expectation in the minds of many people that this <br /> level of research should occur at the Planning Commission level, therefore, he would assume the <br /> public forum would be best held at this level. <br /> Commissioner Miller stated the applicant had stated they would move the fence six feet, and inquired <br /> if that would place it into the buffer. Mr. Smith stated it would be six feet into the buffer, and they <br /> would lose minimal shrubbery in the buffer area. Jopke stated it would impact the existing <br /> landscaping and trees very little. <br /> Commissioner Hegland stated the City Council would have to amend the Planned Unit Development <br /> document, if the fence encroached into the buffer. Commissioner Stevenson stated this would not <br /> be required, if the fence was located between the buildings. <br /> Jopke stated staff would report back to the Planning Commission with the results of their <br /> investigation, and the Planning Commission could, at that point, determine what was correct, in <br /> regard to the process, and pass that recommendation on to the City Council. <br /> Commissioner Laube stated the ordinance should also be reviewed to determine the process required <br /> for Planned Unit Developments, in cases of modifications. He stated in his opinion, everything should <br /> be brought forward for the benefit of the residents. He stated there should be no variance rights given <br /> to the developer without the notification and input of the residents. <br /> Chairperson Peterson stated that only in very minor instances such as the relocation of a sidewalk <br /> should the entire process not be required, however, a matter regarding a fence, or things of that <br />