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Planning Commission Regular Meeting Minutes July 21, 2009 Page 2 1 Mr. Ronald Severson, contacted staff about the process for obtaining a two foot variance to the 2 City's fence ordinance at Subsection 150.072, (C) Fence Size. The City's ordinance restricts the 3 height of fences at the building setback or behind to six feet. Mr. Severson reported that he is 4 requesting to be able to replace his six foot back fence with an eight foot back fence. He 5 explained that his property is adjacent to 2916 Silver Lake Court, the owners of which were 6 granted a two foot variance in 2008 to install an eight foot back fence to block out traffic noise 7 and street lights from Silver Lake Road. Mr. Severson indicated that he too, has to deal with the 8 same traffic noise and street light issues from Silver Lake Road. Staff provided Mr. Severson 9 with information about the application and approval process for obtaining a variance, including a 10 timeline. He attended a concept review before the Planning Commission to explain his request 11 and receive input from the Commission. Staff received Mr. Severson's completed application on 12 May 26, 2009. Assistant City Manager Moore-Sykes reviewed the findings of fact according to 13 requirements necessary to qualify for a variance. She advised the Commission is requested to 14 approve or deny the two-foot variance request to the City's Fence Height Ordinance based on the 15 findings of fact as derived from information presented by the applicants and staff. She reported 16 that staff has received no calls of concern about the installation of the higher fence. 17 18 Ms. Jennie Patrick stated she is present on behalf of her father, Mr. Ronald Severson. 19 20 Chair Stromgren noted the adjacent property was granted a similar variance based on their 21 unique condition. The property is backed up to Silver Lake Road. There is not only traffic noise 22 and streetlights, but the property is impacted by lights from businesses in New Brighton, which 23 is outside of St. Anthony's jurisdiction. Some of the businesses, such as the Laundromat, have 24 late hours and bright lights. 25 26 Commissioner Chaput asked if the original fence is currently on the property. Ms. Patrick replied 27 the fence is fairly old and repairs have been done. 28 29 Assistant City Manager Moore-Sykes stated the applicant had reported that due to the slope at 30 the back of the property the fence goes down significantly. 31 32 Chair Stromgren closed the public hearing at 7:12 p.m. 33 34 Motion by Commissioner Jensen, seconded by Commissioner Jenson, to recommend approval of 35 the two-foot variance request to the City's Fence Height Ordinance based on the findings of fact, 36 2912 Silver Lake Court. 37 38 Motion carried unanimously. 39 40 Chair Stromgren noted this item will be on the July 28,2009 City Council meeting agenda. 41 42 VII.2 T-MOBILE CUP—CUP KENZIE TERRACE 43 44 Chair Stromgren opened the public hearing at 7:13 p.m. 45