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Res 9466 Page 2 of 2 Finding: The Variance is not in harmony with the general purposes and intent of the Mounds View Municipal Code, §160.030(C)(3), which limits front yard fences to 4' in height. 4. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this chapter has had no control. The unique circumstances do not result from the actions of the applicant; Finding; There are no unique circumstances to the property. The property is a corner lot across the street from a school. There are many corner lots, and many lots across the street from a school or other venue frequented by pedestrians. The applicant's dogs bark at the school crossing guards, and other pedestrians. The intent of the 6' tall fence is to screen the dog's view of pedestrians, enticing the dogs to bark. There are other means to control the dogs' barking, other than a 6' fence. WHEREAS, the Municipal Code, §160.467 allows 60-days (e.g. October 18, 2021) for the applicant to appeal the Planning Commission's decision, to the City Council. The applicant, Aaron Strand, filed an appeal on August 26, 2021; and, WHEREAS, on August 25, 2021, the applicant, Aaron Strand, appealed the Planning Commission's August 18, 2021 Denial of the Variance; and, WHEREAS, the City Council has reviewed the September 13, 2021 City Council Staff Report, including the Planning Commission's Resolution 1136-21 Denying the Variance, and Disagrees with the Commission's Findings; and, NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council Approves the applicant's Appeal of the Planning Commission's Denial of the Variance to increase the front (east) fence height from 4' to 6', on property located at 5045 Rainbow Lane. Adopted this 131h day of September 2021. e� — e!141 ay Carol A. Mueller, or ATTEST: I " NyleXik nd, City Administrator (SE--1)