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Mounds View Planning Commission April 5, 2000 <br />Regular Meeting Page 18 <br /> <br /> <br />circumstance. He suggested a possible means to address this would be to approve the fence as a <br />temporary structure until something could be done to resolve these problems. He pointed out that <br />the structure the applicant was proposing appeared to be somewhat temporary in nature, and if <br />the problems were resolved, she would likely be willing to remove it. <br /> <br />Mrs. Brunes stated this was correct. She reiterated she has a beautiful hedge that goes all the <br />way around her property, and she removed a 32 year-old tree she had planted in order to install <br />this fence. <br /> <br />Chairperson Peterson stated this appeared to be an issue of harassment. Mrs. Brunes indicated <br />she has filed a civil suit against Justin for doing this to her. She stated she has been informed <br />that she must go through the proper channels in this regard, and even they do not appear to know <br />what to do with Justin. <br /> <br />Chairperson Peterson stated the Police Department should attempt to determine some means to <br />provide relief from this situation, and the City Council might be able to initiate this. He advised <br />that the Planning Commission was required to examine variance requests in terms of the City <br />Code and State Statutes, and it does not have the freedom to grant approval unless it is done <br />accordingly. He explained that from a land-planning standpoint, he could not see a hardship, <br />although the applicant clearly does have a problem and a hardship. He stated that the City Code <br />would not allow the Commission to approve this request. <br /> <br />Commissioner Berke advised that the City Council could overrule the Planning Commission in <br />cases when an applicant wishes to appeal the Planning Commission’s decision with regard to <br />variances. <br /> <br />Mrs. Brunes inquired regarding how she would proceed with this. Chairperson Peterson <br />explained that if the Planning Commission denies the request, Mrs. Brunes has the option to <br />appeal to the City Council. <br /> <br />Commissioner Kaden stated he drove by the applicant’s house and has seen the property. He <br />stated it also appears to him that this is an issue of harassment. He stated he sympathized with <br />the applicant, having witnessed his neighbors go through the same situation for several years. <br />He indicated it took an extensive amount of time to resolve this <br /> <br />Mrs. Brunes stated she has attempted to gain the support of the residents along Groveland Road, <br />many of whom she has known for 30 years. She explained that every weekend the residents are <br />out in their yards picking up the trash, and the neighbor across the street has had to call the <br />Police several times as well, however, they are afraid to become involved. <br /> <br />Community Development Director Jopke suggested that one approach might be to investigate <br />the possibility of approving this item through the interim use permit process. He indicated staff <br />would have to discuss this with the City Attorney. He explained that the City could issue such a