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ARDEN HILLS CITY COUNCIL—January 25, 2010 7 6.A. Approve Resolution 201 Q-005 for the Vacation of the Underground Electric Easement and Pedestrian and Bicycle Way Easement on the Arden Plaza Property Subject to the Two Conditions in the January 25, 2010, Planning Case Report to the City Council (continued) Councilmember Holmes clarified that the request was to vacate the easement so that it could be implemented separately, in the proper fashion. Councilmember Grant clarified upon approval of the request the Council is determining that it is in the public's interest to vacate the Easement. Community Development Director Lehnhoff stated it was required by the State Statute that when a City vacates an easement it does need to be determined that vacating the easement would be in the interest of the public. The Motion was called to a vote. The motion carried unanimously(5-0). 7. NEW BUSINESS A. Planning Case 09-024 for an Appeal to Overturn Staffs Decision that a Fence Located at 1777 Glenview Avenue Meets the Requirements of the Zoning Code Councilmember Holmes recused herself from item 7A. She has known Greg and Patty Schneider for fifteen years and would not want to give the appearance that she is not impartial. City Planner Beekman stated Greg and Patty Schneider live at 1774 Gramsie Road and their property abuts Mr. and Mrs. Maloney's property to the rear. Mr. and Mrs. Maloney were issued a fence permit to construct a fence along their rear property'line on June 9, 2009. Mr. and Mrs. Schneider are asking the Council to review the construction of this fence because they believe it is in violation of the Zoning Code. Staff has determined that the fence does meet the requirements of the Zoning Code and the Schneider's are appealing Staff s decision. Mr. and Mrs. Schneider contend that the fence violates the City's height requirements, encroaches over the property line, caused damage to their property and is not oriented with the finished side facing outward. Staff has inspected the fence on a number of occasions, both during construction and upon completion, and determined that the fence does meet the requirements of the Zoning Code. The Council packet contains information and photos submitted by Mr. and Mrs. Schneider, Mr. and Mrs. Maloney, and Staff. The Planning Commission did vote to deny this request. If the City Council does find that the fence is in violation of the Zoning Code the fence would need to be corrected and brought into compliance with any regulations that are being violated. Councilmember Holden pointed out that looking at the pictures there appears to be more screws visible on the Maloney's side of the fence.