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Public Hearing <br />Chairperson Bauer called the public hearing to order at 7:03 p.m. <br />Chairperson Bauer disclosed for the record that Brandon Sis served on the Park Board and noted <br />he served as a Deacon at St. Catherine Drexel Church, where Brandon Sis was also a member. <br />Presentation <br />Civil Engineer II Linton presented the staff report stating the resident at 7214 167th Terrace NW <br />(the "Subject Property") submitted a fence permit application in 2016. Staff rejected the <br />application on the grounds that most of the back yard is encumbered with drainage and utility <br />easement and is part of the stormwater ponding system for the development. The City does not <br />allow fences through stormwater ponds. Staff recommendation will be dependent on the <br />determination of the wetland status by ACD and BWSR staff. If the wetland is still partially <br />functioning, then staff recommends denying the variance to allow placing a fence around most of <br />the perimeter of the back yard. Staff would support placing a fence along the northerly line of <br />the property to define the property boundaries and address the trespassing concerns the applicant <br />has raised. Staff would also support placing a closed fence near the house to separate the <br />children and pets from the pond. If the wetland is nonfunctioning and does not need wetland <br />protection, then Staff would support the variance request to place the fence around the entire <br />perimeter of the back yard as proposed. <br />Citizen Input <br />Chairperson Bauer recommended this item be tabled until the Planning Commission had further <br />information available regarding the wetlands. <br />Civil Engineer II Linton reported it would take professionals to determine if this area was still a <br />wetland. <br />Commissioner Anderson asked if this area had water in it currently. <br />Chairperson Bauer stated the pond area had water. <br />Commissioner Nosan questioned if the City could get into this area to further evaluate. <br />Civil Engineer II Linton explained there was a drainage and utility easement over a good portion <br />of the rear property that allows stormwater to be stored on the site. He explained the City would <br />have viable access to the area by foot. <br />Commissioner VanScoy questioned if all rear yard fences abutting a stormwater pond had to <br />have gates. <br />Planning Commission/July 6, 2017 <br />Page 3 of 16 <br />