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<br /> I , ~~~ ~f <br /> ARDEN HILLS CITY COUNCIL - AUGUST 25. 1997 3 <br /> I <br /> it Mayor Probst inquired if the only section of Code that was unclear was the 30% open for air <br /> flow, Mr. Ringwald stated that was correct, and added the applicant was told last fall that all <br /> other sections of the code would be enforced except for possibly the 30% open air flow <br /> I requirement. When the fence was observed this spring, it was noted that the required repairs had <br /> not been made, and a notice was sent at that time. <br /> I Councilmember Hicks inquired regarding the height variance request. Mr. Ringwald stated the <br /> part of the fence that faces Colleen Court in front needs to be lowered to 36 inches. <br /> I Mr, Welsh stated Colleen Court did not exist when this fence was originally built. <br /> Councilmember Aplikowski inquired if the applicant was presently living at this address, Mr. <br /> I Welsh stated he was not. <br /> Councilmember Aplikowski inquired why the applicant was before Council and not the present <br /> I owner of the property. Mr. Welsh stated that based on Mr. Ringwald's statements, he held off on <br /> any rcpairs made to the fence until the code is changed. <br /> ... <br /> I Mrs. Francesca Welsh stated she has seen fences in the City with similar circumstances as <br /> theirs, and feels the City"is making these requirements more on principal than a desire for code <br /> enforcement. She stated she feels the fence should be "grandfathered" in, because it is nine years <br /> Ie old. Mayor Probst stated this process started with a complaint to the City, and further noted the <br /> fence was never granted a building permit. <br /> I Mrs. Welsh stated the adjacent neighbors have stated they don't mind the present appearance, <br /> and that it was neighbors further down the block that complained, Mr. Welsh stated he has seen <br /> I at least four other fences in the City with the same problem as his fence, <br /> Councilmember Aplikowski inquired if the part of the fence with the height problem was an <br /> I entrance fence. Mr. Ringwald stated this fence is technically on the front yard of the property, <br /> but appears as a side or rear property line due to how the house sits on the lot. <br /> I Mr. Welsh stated that Colleen Court did not exist when the fence was built, and he did not find it <br /> logical to put the finished side out on an undeveloped acre of land, <br /> I Councilmember Hicks stated the Welsh's shouldn't feel as ifthe City is harassing them; even if <br /> there are other fences in the City with the same problem, theirs has received a complaint and <br /> needs to be dealt with. He stated if the neighbors to the east had no problem, he could support a <br /> I variance for the unfinished side and 30% open air flow, but would still support reducing the <br /> height. <br /> I Councilmember Aplikowski stated it would be just as much work to repair one problem as it <br /> would be to repair both, and stated she is considering granting a variance for everything. <br /> .. , <br /> I <br />