Minutes - 2000/04/24 (2) - Laserfiche WebLink

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Mounds View City Council Apri124, 2000 Regular Meeting Page 10 • minimum of six feet in height. She stated 7 feet did not allow very much room for landscaping between the two areas, and inquired if this would present a problem. Planning Associate Ericson advised that in the R-1 District there is an interesting Code with regard to fences. He explained that the Code specifically states that in front of the front line of a dwelling, only afour-foot fence is allowed, and behind the front line of the dwelling, an eight- foot fence is allowed. He stated this was a unique situation, and not relative to a dwelling, per se, and staff would feel comfortable with an eight-foot fence no closer than thirty-five feet to County Road H2. He requested the City Attorney advise regarding a requirement imposed by the City through a conditional use permit, such as a fence along a property line, that might be inconsistent with the residential section of the City Code as it pertains to a house. City Attorney Long stated the City could impose conditions with the conditional use permit that the applicant agrees to, and the question appears to be whether or not the condition could be less restrictive than the Code would allow. Mayor Coughlin suggested the friendly amendment be worded to indicate the addition of a stipulation to attempt to maximize the privacy fence as per the Code, and to grant staff some discretion in that regard, understanding the intent behind the stipulation. City Attorney Long stated that with the conditional use permit, the applicant could agree to a condition that they could theoretically have an eight-foot fence at some point on the property, and the question would be whether or not the City could require the applicant to construct an eight- foot fence at a certain point on the property. He stated he believed that this could be done through the conditional use permit process. Planning Associate Ericson stated staff could interpret the Code such that an eight-foot privacy fence up to a certain point would be consistent with the Code. Council Member Stigney stated the lighting was originally proposed to be on 30-foot light standards, and at the Planning Commission level, it was stipulated that this be reduced to 25 feet. He stated the light standards at the Wynnsong Theater were 20 feet in height, and inquired if Council Member Thomason felt there would be any adverse affect with regard to the 25-foot light standards, as opposed to the 20-foot light standards at the theater. Council Member Thomason stated this was also her concern, however, the representative of the Church provided her answer, in that the lights would be on timers, and would be turned off at 10:30 p.m. She explained that the Wynnsong Theater lights remain on until approximately 3:00 a.m., and this lighting level at this time in the morning would be unacceptable at the Church, however, she believed the Church would work with the neighbors in this regard, and therefore, had no problem. Planning Associate Ericson inquired if the Council would desire the timing of the lights be . stipulated in the resolution. Council Member Quick indicated this issue should be resolved between the Church and the Commumty. Council Member Thomason agreed.