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