Agenda - Council - 12/12/2000 - Laserfiche WebLink

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-50- VanWagner stated that as an alternative, MnDOT may consider allowing the establishment of some additional vegetation in the highway right-of-way. The Plamfing Commission met on October 3, 2000, and conducted a public hearing. There were no written or verbal comments submitted at the hearing. Related to the request~ for a conditional use permit, Mr. Kempf is requesting that the $100.00 application fee and $300.00 escrow fee be waived because he feels the need for the fence is a direct result of the T.H. #47 improvement project. The Planning Commission recommended approval of the request for a six foot high fence, but only for one that is located-entirely on the subject property. Evidence of a permit from MnDOT wilt be required for a fence that encroaches the highway right-of-way. Staff has also drafted the permit to require placement of address numbers on the fence that are at. least four inches in height per the recommendation of the Fire Chief Kapler. Al Kempf, 15220 St. Francis Boulevard NW, Ramsey stated that the Planning Commission had indicated that he would need a permit from MnDOT to build the fence within the construction limits, but he wants to avoid fm-ther damage tO the roots on the trees that were saved. He stated that he talked to the Mrfl)OT inspector tin'ce times. The first time he was told that MnDOT does not issue permits, the second conversation the inspector told him that he would contact his supervisor and get back to him, which never happened; so, he contacted Charles Kaydenhip himself. Mr. Kaydenhip stated that after the project is completed he did not care what he did on the property. Mr. Kempf also questioned when the property markers will be put back in. City Engineer Jankowski noted that the sod on the project will go in next spring, but they are going to attempt to put sod on the properties and side streets this fall. With regard to the fight- of-way markers, he will check with MnDOT as to when they will be put back. Mr. Kempf stated that #15 of the findings of fact states "That the proposed use will not involve activities and uses that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors." It is his feeling that the entire highway project is guilty of all those for the people that live along the fi'ontage road and he didn't know why it is included in the findings of fact. He also requested a waiver to the building permit fee because the City is paying for buffering' on the other side of T.H. #47 that are less affected by the road. City Attorney Goodrich stated that if the City were to waive the fees then Mr, Kempf would have to agree to not include those charges as part of the conde~m~ation proceedings. Consensus of the Council was that the fees should be stipulated as part of the damages to the property and returned back to Mr. Kempf. Councilmember Hendriksen noted that findings of fact #14 should read "will not". Moiion by Councihnember Hendriksen, seconded by Councilmember Cmmolly, to adopt Resolution #00-10-281 adopting Findings of Fact #0536 relating to A1 Kempf's request for a conditional use permit to exceed front yard fence height restrictions. City Council/October 24, 2000 Page 14 of 31 I I I I I I I I I I I I I I i I I' I i