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Mounds View Plan Planning Commission April 19, 2000 Regular Meeting Page 5 Planning Associate Ericson stated he believed the site plans indicate removal of the existing structures, and the accessory building may be a new structure, however, he was not certain. MOTION/SECOND: Kaden/Miller. To Approve Planning Commission Resolution No. 611-00, a Resolution Recommending Approval of a Conditional Use Permit, Development Review and Wetland Buffer Permit Request for Messiah Lutheran Church, Located at 2848 County Road H2; Planning Cases CU00-001, DE00-001 and WB00-001, as Amended to Indicate that Stipulation 3 be Changed from (24 Feet or Less) to (25 Feet or Less). Ayes – 7 Nays – 0 Motion carried. 6. Planning Case VR00-002 Property Involved: 8438 Groveland Road. Discussion Regarding a Variance Request to Allow for the Installation of an Eight-foot Tall Fence in the Front Yard of the Property. Applicant: Gregory & Elizabeth Brunes The applicant was not present. Planning Associate Ericson gave the staff report as follows: This is a request for a variance to allow for a fence taller than that permitted by the Code, in the front yard of the property located at 8438 Groveland Road. The applicants, Gregory and Elizabeth Brunes, have had some difficulties with a neighbor located to the north of their property, and felt that the fence would provide a privacy screen between the two properties, and reduce, if not eliminate some of the harassment issues and problems they have been experiencing. Planning Associate Ericson stated there was significant discussion of this item at the previous meeting of the Planning Commission, at which time, the applicant addressed the Commission, and explained why she felt that a hardship was evident in her case. He indicated the Planning Commission empathized with the applicants’ situation, and would have desired to approve this request had there been any means to do so, however, the Commission explained to the applicant that there was no hardship that could be tied to the property that would warrant the construction of an 8 foot-fence rather than a four-foot fence. He advised that the Commission must abide by the language in the Minnesota Statutes and the City Code when granting a variance. He explained that there are seven criteria, all of which must be addressed and satisfied, however, in this situation, that could not be done.