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<br /> . I <br /> ~~ ~ <br /> ARDEN HILLS CITY C CIL - AUGUST 25 1997 4 <br /> I <br /> Mayor Probst inquired where the front yard is on this property, Mr. Ringwald showed an .. <br /> overhead of the property. <br /> Mayor Probst stated the ordinance was in place when this fence was built, and to grant these <br /> variances would set a bad precedent, as the City can't arbitrarily approve one and not another. I <br /> He stated it would be possible to approve a variance for height but not for the finished side out. <br /> Councilmember Malone statcd the fence was also built without a permit, and a building I <br /> contractor would have known the finished side belongs facing out. He stated others in the area <br /> have complied with the ordinance, and to grant a variance would send the wrong message to I <br /> others in the area who have obtained permits and are in compliance with Code. <br /> Mr. Welsh stated he knows of a fence built just last summer that does not comply with the 30% I <br /> open for air flow ordinance. Mrs, Welsh stated the repairs would necessitate destroying the new <br /> owner's and adjacent neighbor's landscaping. <br /> Mr. Ringwald noted that neighbors directly adjacent to this property have talked to staff, as of I <br /> .-. last summer. <br /> MOTION: Malone moved and Hicks seconded a motion to deny the variance for height in I <br /> front yard and finished side out, but approve the 30 percent open for air flow <br /> vanance. .- <br /> Councilmember Keirn noted an item can only be "grandfathered" in if no ordinance existed at the <br /> time of construction, and this was not the case with this fence, I <br /> Councilmember Hicks inquired if the new owners had been informed of this issue, as it would be <br /> the new owner's responsibility to correct the problem. He stated he hopes they were told, as I <br /> doing so would have been the responsibility of the Welsh's. <br /> Councilmember Aplikowski stated she knew of another similar problem in the area, and that I <br /> fence was able to be brought up to Code without any major destruction of landscaping. She <br /> further stated this problem was no longer the applicant's responsibility. Mrs, Welsh stated they I <br /> are still the ones receiving notices from the City regarding this matter, <br /> Mayor Probst asked for a vote on the motion, I <br /> The motion carried unanimously (5-0). <br /> A-2. Planning Case #97-]6, Site Plan ReviewNarianee (Height of Structure) - Friskies I <br /> Pet Care, 4251 Fernwood Avenue <br /> Mr. Ringwald stated the petitioner is requesting approval of site plan review for a 672 square I <br /> foot addition which is to accommodate an enclosed silo onto their existing facility, including a .. <br /> I <br /> I <br />