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directly adjacent said shed. c. The applicant submitting and receiving a permit for the driveway work completed consistent with the approved variance. d. The applicant submitting and receiving a permit for the garden shed, consistent with the approved variance. e. Applicant to work with staff on any additional landscaping on the site. Ayes: 5 Nays: 1 (Duncan) Motion carried. Chair Duncan opposed the motion based on applicant not abiding by rules/Code. Motion: Member Mulder moved, seconded by Member Traynor, that the contractor license be investigated for future action. Ayes: 6 Nay: 0 Motion carried. ----- 8 Minute Recess ----- 1. Planning File 3362: Request by the City Council to consider modifications (additional language) of an Ordinance amending Chapter 1016, of the City Code, relating to fence provisions in shoreland and wetland districts. Chairman Duncan opened the hearing and requested City Planner Thomas Paschke provide a summary of the project report dated July 10, 2002. On June 17,2002, the Roseville City Council held the first reading of an ordinance amending Section 1016 of the Roseville City Code pertaining to fence requirements for lots/parcel adjacent a lake or wetland. During the Council's discussion on the proposed amendment, questions and comments arose pertaining to fence type and further encroachment toward a lake or wetland. The Council determined that the Planning Commission should hold a hearing to review and discuss the merits of including language that allows fence type, maximum height, and encroachment options. The Community Development Department is interested in additional language that affords property owners adjacent to a lake or wetland options so that variances can be minimized or avoided. Chair Duncan asked who was notified of the meeting. Member Mulder explained there are five classes of wetland; type 3, 4, 5 wetlands should be protected under this amendment, not allowing fences in these areas except for cyclone fencing. The City Attorney should review wetland delineations. Member Traynor asked for clarification of the ordinance vs. new attorney issues. Thomas Paschke read the proposed ordinance and the City Attorney's suggested amendments. Member Duncan asked for clarification on bluff slope and impact. Emil Kucera, 3098 Hamline Avenue, Lake Josephine Association, asked about deck setbacks, and then suggested that this ordinance regarding fences add consistency. Pat Johnson, Mildred Drive, explained the history of Langton Lake. In 1974 Roseville adopted the first city shoreland ordinance with setbacks of 75 feet for residential properties. She opposed allowing fences near public waters. Langton Lake is a MnDNR classified lake; Oasis Pond is a wetland. Include the wetlands in this fence ordinance - do not allow fences around lakes. Use variance for protection fencing (cyclone). Chair Duncan asked if fences could be constructed to the lake (Yes, until the Council provided a determination in June 2002).