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54 <br />CITY OF ST. ANTHONY VILLAGE <br />RESOLUTION 09-065 <br />A RESOLUTION FOR A VARIANCE FOR FENCE HEIGHT OF TWO (2) FEET FOR <br />2912 SILVER LAKE COURT <br />WHEREAS, The property owner of 2912 Silver Lake Court, Ronald Severson, submitted an <br />application for a two -foot variance to the City's fence ordinance, Title XV, <br />Chapter 150, Subsection §150.072 (C) Fence Size. <br />WHEREAS, Mr. Severson is proposing to replace his six-foot back fence that is adjacent to <br />Silver Lake Road with an eight -foot back fence to reduce the traffic noise and <br />street lights from Silver Lake Road. <br />WHEREAS, the City of St. Anthony Planning Commission held a Concept Review on May 19 <br />, 2009 to review Mr. Severson s request for two -foot variance to the fence height <br />ordinance; and <br />WHEREAS, Mr. Severson submitted an application for a variance on May 26,2009; and <br />WHEREAS, as the 60 -Day Rule expired on July 24, 2009, Mr. Severson was given written <br />notice of the City's need for an extension; and <br />WHEREAS, a public hearing was scheduled with the Planning Commission and was held on <br />July 21, 2009 for the proposed two -foot variance; and <br />WHEREAS, all required public notices regarding the public hearing were posted and sent as <br />required by State Statute; and <br />WHEREAS, the Planning Commission has recommended approval of the proposed two -foot <br />variance to the City Council based upon the information presented by the Staff, <br />the applicants presentation and that no one from the public appeared in <br />opposition to the proposed variance request for the additional two (2) feet of <br />fence; and <br />WHEREAS, upon consideration of the application and supporting materials, Staff's report, <br />and all other information constituting the record of this application, the City <br />Council upon further deliberation, voted to approve the requested variance to <br />the City's fence height variance and directed the preparation of the Findings of <br />Fact and this resolution as a contemporaneous record of the Council's decision; <br />and <br />THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony does hereby <br />adopt the following Findings of Fact related to the requested variance: <br />