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<br /> <br />5 <br /> <br />Chair Biedenfeld asked what type of fence would be installed. Mr. Johnson stated a black, <br />aluminum picket fence would be installed on top of the retaining wall. <br />Motion by Commissioner Frischman, seconded by Commissioner Enanaa to close the Public <br />Hearing. <br />Approved 6-0. <br />The Public Hearing closed at 7:07 p.m. <br />Commissioner Frischman questioned who would be maintaining or replacing the sidewalk. <br />Assistant Director of Community Assets and Development Gozola explained this would be <br />addressed within the legal requirements in the encroachment agreement. <br />Motion by Commissioner McQuillan, seconded by Commissioner Nelsen, to recommend the <br />City Council approve the requested special use permit and variance based on the findings of <br />fact listed on pages 16 & 17 of the report subject to the conditions listed on page 17 as may <br />have been amended here tonight, requiring the building to meet all setbacks. <br />Approved 6-0. <br />VII. Business Items <br />(A) Site Plan Review – Garbage cover at 305 2nd Street NW. <br />Assistant Director of Community Assets and Development Gozola reported Hypertherm, <br />located at 305 2nd Street NW in the Brighton Corporate Park, would like to relocate a garbage <br />dumpster on the south side of their building to a new location. To protect the dumpster and the <br />wood waste it holds, the company is seeking approval to construct a shelter over the new <br />location. Staff provided further comment on the request and recommended approval of the <br />Site Plan Review, based on the findings of fact and subject to the following conditions: <br />1. The applicant shall work with the fire marshal on final location and details for the carport <br />as he was not available to review this application when processed. <br />2. Construction shall be consistent with site plan approval except as required to be updated <br />by City Staff to conform to conditions of approval. This may include relocation to another <br />conforming location if deemed necessary for fire or safety reasons. <br />Commissioner McQuillan asked if roll-off containers had to be enclosed. Assistant Director of <br />Community Assets and Development Gozola indicated he would have to look into City Code <br />further to better understand the City’s requirements. <br />Commissioner Hilsgen questioned how tall the structure would be. Assistant Director of <br />Community Assets and Development Gozola stated there were no height restriction concerns.