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. . . ARDEN HILLS CITY COUNCIL - AUGUST 25.1997 3 Mayor Probst inquired if the only section of Code that was unclear was the 30% open for air flow. Mr. Ringwald stated that was correct, and added the applicant was told last fall that all other sections of the code would be enforced except for possibly the 30% open air flow requirement. When the fence was observed this spring, it was noted that the required repairs had not been made, and a notice was sent at that time. Councilmember Hicks inquired regarding the height variance request. Mr. Ringwald stated the part of the fence that faces Colleen Court in front needs to be lowered to 36 inches. Mr. Welsh stated Colleen Court did not exist when this fence was originally built. Councilmember Aplikowski inquired if the applicant was presently living at this address. Mr. Welsh stated he was not. Councilmember Aplikowski inquired why the applicant was before Council and not the present owner of the property. Mr. Welsh stated that based on Mr. Ringwald's statements, he held off on any repairs made to the fence until the code is changed. Mrs. Francesca Welsh stated she has seen fences in the City with similar circumstances as theirs, and feels the City is making these requirements more on principal than a desire for code enforcement. She stated she feels the fence should be "grandfathered" in, because it is nine years old. Mayor Probst stated this process started with a complaint to the City, and further noted the fence was never granted a building permit. Mrs. Welsh stated the adjacent neighbors have stated they don't mind the present appearance, and that it was neighbors further down the block that complained. Mr. Welsh stated he has seen at least four other fences in the City with the same problem as his fence. Councilmember Aplikowski inquired if the part ofthe fence with the height problem was an entrance fence. Mr. Ringwald stated this fence is technically on the front yard of the property, but appears as a side or rear property line due to how the house sits on the lot. Mr. Welsh stated that Colleen Court did not exist when the fence was built, and he did not find it logical to put the finished side out on an undeveloped acre of land. Councilmember Hicks stated the Welsh's shouldn't feel as if the City is harassing them; even if there are other fences in the City with the same problem, theirs has received a complaint and needs to be dealt with. He stated if the neighbors to the east had no problem, he could support a variance for the unfinished side and 30% open air flow, but would still support reducing the height. COlillcilmember Aplikowski stated it would be just as much work to repair one problem as it would be to repair both, and stated she is considering granting a variance for everything.