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Mounds View Planning Commission June 4, 2001 Regular Meeting Page 7 ________________________________________________________________________ Community Development Director Ericson noted that Mr. Mezzenga had applied for and received approval to construct a one and a half story office building on the lot at 7664 Greenfield Avenue. The building official reviewed the plans and determined they did not comply with the the State’s Accessibility Requirements. Mr. Mezzenga’s options are to either add an elevator or construct the building differently. The new proposal is to build a two-story building and raise it four and a half feet over what was originally proposed. Director Ericson noted that as long as one floor is accessible, that would meet code. He added that according to the City Code, a building can be three stories high. Staff recommended that if this plan is approved, there should be no upper story windows on the south end. Director Ericson reported the applicant was in agreement with this stipulation. Director Ericson stated that notices had been sent to the residents, even though it was not required. Commissioner Zwirn stated he had a conflict of interest and removed himself from discussion. Chair Stevenson opened the public hearing. Herb Zwirn, 7660 Greenfield Avenue, stated he lives south of the proposed site and has an issue with privacy. He explained this office building would look directly into his house. He suggested it would have an extremely negative impact to his privacy. Mr. Zwirn stated that a privacy fence would not be functional with the office building being taller. He noted that even with no windows on the south of the office building, the windows on the east would look into his back yard. Mr. Zwirn said that he felt this office building would be built, and therefore he would be seeking a variance to build a privacy fence two feet above code. He also expressed concern with the upkeep of this property. He remarked that the grass hadn’t been mowed. Some neighbors have called him, since he is a Commissioner, regarding this property. Mr. Zwirn stated he has picked up papers and wrappings on the property. He continued that it has developed into an acrimonious situation. Mr. Zwirn reported he had two realtors to his home and showed them the plans for this office building and explained it would be another four and a half feet higher. Both realtors told him it would have a negative impact on his property. He requested the Planning Commission deny this request for an additional four and a half feet, or allow his fence to be two feet higher. Chair Stevenson asked if we have a precedence for a 10-foot high fence. Director Ericson replied the City Code allows only 8 feet for a fence. The applicant, Tony Mezzenga, stated he has no responsibility for this land; he does not own it. He stated he did reimburse someone to cut the grass. Mr. Mezzenga explained the trajectory of the two-story would go over a 10-foot fence. Mr. Mezzenga noted he had committed to building an 8-foot fence for Mr. Zwirn, though he knew it wouldn’t be much help. He stated it would not be financially advantageous for him to construct this 8-foot fence. He said he would not build a 10-foot fence.