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City Council Regular Meeting Minutes <br />November 9, 2021 <br />Page 6 <br />1 <br />2 The Planning Commission recommended approval on a unanimous vote, suggesting that the <br />3 encroachment aspect of the proposal was most persuasive, acknowledging that a 6-foot tall fence <br />4 is allowed in many areas, and a 5-foot tall fence is a requirement for swimming pool protection. <br />5 <br />6 Photographs and drawings of the property were provided for Council consideration. <br />7 <br />8 The recommendation for approval is based on the following findings: <br />9 <br />A.10 The applicant is able to construct a swimming pool, pool deck, and privacy fencing within <br />11 the proposed 8 foot setback encroachment. <br />12 <br />B.13 A pool of the size, along with any associated construction such as a pool deck, that would <br />14 encroach into the front yard will require additional verification of compliance with the terms <br />15 of the City’s impervious surface maximum for residential lots of this size. <br />16 <br />C.17 The applicant has shown unique conditions on the property that interfere with putting the <br />18 property to a reasonable residential use, with reasonable use being defined in this case as the <br />19 significant encroachments toward Maplewood Drive that exist on most of the surrounding <br />20 properties to the east and west. <br />21 <br />D.22 Circumstances that would lead to variance approval are the result of the actions of prior <br />23 owners, and those owners in the neighborhood, and not the actions of the applicant. <br />24 <br />25 Mr. Grittman noted the request is for an 8 foot variance. <br />26 <br />27 Motion by Councilmember Webster, seconded by Councilmember Randle, to approve <br />28 Resolution 21-081 a Resolution approving a request for a variance from the required maximum <br />29 height for a fence in the front yard. <br />30 <br />31 Motion carried 5-0. <br />32 <br />33 VI.GENERAL BUSINESS OF COUNCIL. <br />34 <br />A.35 Resolution 21-082 – Canvassing Board Resolution <br />36 <br />37 City Manager Yunker reviewed on November 2, 2021 a general election was held in the City of <br />38 St. Anthony for the offices of two Council Members and as a result of that election Wendy <br />39 Webster and Jan Jenson received the greatest number of votes for the office of Council Member. <br />40 <br />41 Mayor Stille congratulated Councilmember Webster and Councilmember Jenson. <br />42 <br />43 Motion by Councilmember Randle, seconded by Councilmember Walker, to approve Resolution <br />44 21-082 Canvassing Board Resolution. <br />45 <br />46 Motion carried 5-0.