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Regular City Council Meeting Monday, April ll, 2016 Page 15 Ms. Vogel referenced a land title document dated April 8, 2016 from Jeff Chris- tianson of that firm, but noted that while the document relates to a 10' utility easement on the most northerly 10' of their property. However, Ms. Vogel noted that the City Attorney was not in agreement with this interpretation. Councilinember Willmus asked for a copy of the title binder itself, with Ms. Vo- gel advising a copy had been provided to staff and the City Attorney for dissemi- nation. Public Comment Mayor Roe noted that a public hearing had already been held at the Planning Cominission, but opened the ineeting for public comment at this time. Duane Metz, 2926 Mildred Drive While not a direct neighbor to this property, Mr. Metz stated his observation of this two-year fence issue as part of the IU application. Mr. Metz opined that this fence issue had been tap danced around for that two years, but opined the biggest issue was when the Vogels decided to tear out the existing fence and so cut up ex- isting trees some had to be removed. Mr. Metz noted there was now no privacy for adjacent residential backyards, and questioned what recourse those residents had if CU conditions were not met, opining some way was needed to enforce those conditions. Lisa McCormick, Wheeler Street Ms. McCormicic asked that the City Council take into consideration its own com- prehensive plan guidance for this area and other information already available in malcing the best decision possible as it relates to this parcel. Ms. McCormick re- viewed past planning processes, rezoning form HDR to CMU north of Terrace Drive to protect residents adjacent to commercial parcels; original neighborhood concerns beginning in 2014; and original requests of the residential neighbors for separating those uses by extending the existing 8' privacy fence east of the Vogel property line parallel to their line and west to Fairview Avenue. With additional neighborhood concerns in the extension of Twin Lakes Parlcway and potential re- development in the area, Ms. McCormick opined that their requests were more than justified, and were intended to not only separate uses but enhance visual pro- tection with landscaping intended to complement that visual barrier. Ms. McCormick continued with her perspective on the history of this IU approv- ing limited production and processing at 2830 Fairview Avenue (PF14-012) dis- playing a resolution signed by Ms. Vogel. Ms. McCormick noted that the Vogels purchased the property in 2014 when the parcel was still zoned HDR for residen- tial use and any other use was illegal at that time; with rezoning not occurring un- til January of 2016, but until then they had still been allowed to occupy the space, having done remodeling and a determination made on SAC charges reviewed by the Metropolitan Council. Since the Vogels chose to use this space as office,