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item. Maschka asked who approved the buildability of the lot. Klausing asked if the City Council would have another look at this situation before a structure was built on the proposed parcel. Maschka asked about the authority of the Department of Natural Resources and the applicable Watershed District. The Applicant spoke in favor of his request. Kysylyczyn closed the public hearing. Klausing moved, Maschka seconded, to approve the request by James Robinson for a "Three Parcel Minor Subdivision (division of land to create two parcels) of 425 North McCarrons Boulevard (PID #132923240013), subject to the conditions listed in Section 3.2 through 3.8 of the project report dated 11/26/01. Roll Call, Ayes: Maschka, Mastel, Goedeke, Klausing and Kysylyczyn. Nays: None. I.Land Use I-1Welsch reported on the history of this fence, the applicable City Brad Hoff Variance Code requirements, and the Planning Commission proceedings. 1897 Shady Beach Kysylyczyn and Maschka clarified the issues before the Council. (PF3347) Klausing asked about the 1990 variance proceedings and the scope of the City Council?s 1990 variance decision. Mastel asked about the history of the various portions of the fence. Klausing asked how the City records variances against property. Kysylyczyn opened the public hearing. Applicant Brad Hoff spoke in favor of the variance and his concerns about privacy. Goedeke asked about backing out of the driveway and the location of the bedroom and bathroom. Roger Hess, resident, spoke against the variance. Frank Hess, 1907 Shady Beach, spoke against the variance. Daniel Shieley, 1901 Shady Beach, spoke against the variance based on materials handed out to Council Members and the public. Kysylyczyn, Goedeke, and Maschka sought clarification about the sequence of events. Kathleen Crea, resident, spoke about her memory of the fence construction. Klausing commented on the tests for a variance and suggested a hardship had not been shown. Kysylyczyn asked about using Dispute Resolution, Inc. The Council then turned to the backyard fence issue involving the stretch of fencing down to the lake. Maschka commented on his concerns about such fence structures under the City?s Shoreland Ordinance. Jamnik described the DNR position on Roseville?s Shoreland Ordinance. Goedeke noted the significant visual impact of large fences on the lake. Patricia Johnson, resident, commented on the purposes of the Shoreland Ordinance. Applicant Hoff described his replacement of the pre- existing wooden fence with a similarly sized vinyl fence. Kysylyczyn closed the public hearing. Maschka moved, Mastel seconded, to continue this Variance Request for 60 days, and to instruct staff to take this matter to Dispute Resolution, Inc., and involve, if possible, all affected persons. Roll Call, Ayes: Maschka, Mastel, Goedeke, Klausing and Kysylyczyn. Nays: None. At the call of the Mayor, Kysylyczyn announced a recess at 9:20 Recess p.m. Kysylyczyn called the meeting to order again at 9:35 p.m. I-2Maschka moved, Goedeke seconded, to send this issue back to Shoreland Ordinance the Planning Commission to study and recommend possible Request for Review & changes to the City Code, Section 1016 -Shoreland regulations, Consideration of an regarding the placement of structures and fences near lake Amendment to shores. Roll Call, Ayes: Maschka, Mastel, Goedeke, Klausing Section 1016 and Kysylyczyn. Nays: None.