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City Council Regular Meeting Minutes July 28, 2009 Page 4 1 Planning Commissioner Cincoski replied that the Planning Commission did not discuss changing 2 the ordinance and added in this case, there was a rather unique situation in which the applicant's 3 adjacent neighbor had at one time received approval for an 8' foot fence and because the 4 applicant's property angles down toward Silver Lake Road, the Planning Commission felt this 5 created a unique hardship. 6 7 Councilmember Stille stated the proposed resolution should be clarified to state "A Resolution 8 for a Variance for Fence Height of an Additional Two (2) Feet for 2912 Silver Lake Court." 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Motion by Councilmember Stille, seconded by Councilmember Roth, to adopt Resolution 09- 065, Fence Height Variance for 2912 Silver Lake Court, as amended. Councilmember Stille stated the previous fence height variance was granted in February 2008 and at that time, the Council discussed reviewing the ordinance to determine if the ordinance should be changed. He did not believe the ordinance should be changed to allow eight foot fences city -wide, but perhaps the Council should consider if there are certain areas in the City where this change is appropriate. Councilmember Gray stated he felt the ordinance needs to be changed to allow eight foot fences and felt the City Council will likely see more of these types of requests in the future. He added he did not feel the request meets the hardship criteria. Councilmember Stille stated the hardship comes from a change in the community since the time the fence was built, coupled with changes in traffic patterns, and the Council has a lot of latitude with how it addresses hardships. He stated he would be agreeable to changing the ordinance, but was not sure if it should be a blanket change. He suggested the Council consider eight feet on certain properties with certain characteristics versus all properties. Motion carried unanimously. It was the consensus of the City Council to direct staff to work with the Planning Commission on reviewing the ordinance to determine if the ordinance should be revised with respect to fence size. C. Planning Commissioner Cincoski reviewed the applicant's request for placement of an electronic sign on the St. Anthony Middle School and High School property. He stated the Planning Commission held a public hearing on July 21, 2009 and unanimously recommended approval of the CUP. Mayor Faust noted that the City's electronic sign is off from 10:00 p.m. until 6:00 a.m. every day.