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Planning Case VR2016-006 January 4, 2017 Page 2 72” fence in a front yard along the side street; and, (2) a 72” fence may be approved by the City Council as part of a Development Review or Conditional Use Permit, such was the case with the recent (Nov. 16, 2016) Public Works Facility Development Review, permitting a 72” fence in the front yard along Bronson Dr. In this case, neither of the two exceptions mentioned above apply, thus, a Variance is required. Mounds View Municipal Code, Section 1125.02, Subd 2 includes the seven criteria that must be considered by the Planning Commission when considering a Variance. This criteria and analysis is included in Resolution 1065-17. In summary, unique circumstances apply to this property in that the Police Department includes a Sally Port used for the secured transfer of persons in-custody from police vehicles into the Police Department. When the Sally Port garage door is open, there is a possibility (although, not experienced) that an unauthorized person may enter or exit the Sally Port. This Variance request differs from any property with a drive-in garage bay (e.g. warehouse) in that the Sally Port serves as a necessary function of the Police Department. Summary The City of Mounds View (applicant) is requesting a Variance to allow a 72” chain-link fence to be built around the Police Department’s parking lot, a portion of which is located in the front yard. The maximum front yard fence height permitted is 48”, requiring a Variance. A Public Hearing notice was published in the New Brighton/Mounds View Sun Focus on December 23, 2016, and mailed to property owners within 350’ of the subject property. Recommendation Staff recommends approval of the Variance contingent upon complying with the conditions in Resolution 1065-17. The Planning Commission is requested to consider the following options: 1. Resolution 1065-17, approving the Variance is attached if the Commission chooses this action. 2. The Planning Commission may choose to deny the Variance. If the Commission chooses this option, Staff would need to be directed to draft a resolution of denial with findings of fact appropriate to support the denial.