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Community Development Director Frolik explained Scott Hagen, owner of Hi-Ten Sports, has <br />requested that the City rezone his property south of Highway t 0, west of Ltarna Street, from <br />Medium Density Residential to B-2 Business. She-noted this item was discussed in the previous <br />Case. <br /> <br />Motion by Councih-nember Cook, seconded by Councilmember Kurak, to adopt Resolution #04- <br />02-043 adopting Findings of Fact #0661 relating to a request to rezone certain property fi'om R-2 <br />Medium Density Residential to B-2 Business. <br /> <br />Motion came& Voting Yes: Mayor Gamec, Councilmembers Cook, Kurak, Elvig, Pearson, <br />Strommen, and Zimmennan. Voting No: None. <br /> <br />Motion by Councilmember Cook, seconded by Councitrnember Kurak, to introduce an ordinance <br />to rezone the subject property from R-2 Medium Density Residential to B-2 Business, based on <br />the findings of fact, and contingent upon City Council and Metropolitan Council approval of the <br />Comprehensive Plan Amendment. <br /> <br />Further discussion: Councilmember Pearson noted all the land along Highway 10 had been <br />changed to residential and there was just a zoning change to the west as well. He suggested they <br />may need to look at the Comprehensive Plan and change the zoning along Highway 10. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cook, Kurak, Elvig, Pearson, <br />Strommen, and Zimmerman. Voting No: None. <br /> <br />Motion by Councilmember Cook, seconded by Councilmember Pearson, to waive the Zoning <br />Amendment application fee. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cook, Pearson, Elvig, Kurak, <br />Stromlnen, and Zimmennan. Voting No: None. <br /> <br />Case #5: <br /> <br />Adopt Findings of Fact and Conclusion Pertaining to a Request for an <br />Appeal of City Staff's Interpretation of Fencing Regulations in the R-1 <br />Residential District <br /> <br />Mayor Gamec explained this issue has been debated and staff has prepared findings of fact for <br />the Council's review. He noted concerning page 4 of 5 of the resolution, conclusion number <br />three requires a minimum of three strands, however, he believes it was only discussed to be one <br />strand. <br /> <br />CiO Attorney Goodrich advised the findings that are adopted must support the conclusion. Staff <br />believes three potential conclusions ~would be supported by the findings; however, the Council <br />may want to add conditions. <br /> <br />Mayor Gamec reviewed the potential conclusions of the request for appeal. <br /> <br />Councihnelnber Elvig noted in regards to finding #21, he remembers the discussion and on <br />January 13t~ the property owner offered to eliminate the electric feature if the City would not <br />require a two foot setback from the property. Councilmember Elvig stated it seems to him the <br />electric fence has been the issue. He inquired if a three strand wire fence would pass the City <br />Code without an electric feature. <br /> <br />P38 <br /> <br />CiD' Council/February 10, 2004 <br /> Page 10 of 18 <br /> <br /> <br />