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4 - Motion by Leverkuhn, seconded by .Livingston .(for discussion purposes) to recommend denial of the special use permit request on the grounds that 3~ feet is an adequate height for fence protection and a unique hardship has not been shown. Commissioner Leverkuhn stated that again the Commission was forced with reviewing a request for something already in place of which he was against in all cases. Chairman Williams stated that if the Fire Department could get in with a dolt cutter so could anyone else who really wanted to. Mr. Drayna stated that the 8 foot fence would help security of the property. Vote On Motion 1 Aye. (Leverkuhn), 5 Nayes, Motion Failed Motion by. Baker, seconded by Erickson, to recommend a change from a special use permit to a varaince request and recommend approval of a variance for an 8 foot fence in the front yard based on the same findings. of fact as identified in the resolution for SP-120. Commissioner Baker stated that he hoped he was not being swayed because the fence was already .there because he felt he would have had the same opinion regardless. Commissioner Baker felt there are special cir- cumstances with the large building. setback and that the fact that the building is hidden from the road creates a security problem. With a normal 40 foot building setback in an industrial district other properties are allowed fences closer to the road. Commissioner Erickson stated that the fence would probably not look better attached to the front of the building, that the security problem warrants the fence, and that he did not feel he was swayed by the fact the fence was already in place. Vote On Motion 5 Ayes - 1 Naye (Leverkuhn), Motion Carried Chairman Williams emphasized that the point to be made here was .important in that the Planning Commission does not encourage people to go ahead and construct things against the code. It is a dangerous way to operate and could be costly to the applicant. Mr. Drayna stated that that is why he agreed with staff to write a letter stating it would be taken down if it wasn't approved. Commissioner Leverkuhn stated that this situation of getting requests after the fact was a serious problem. Commissioner Sande stated she shared-that concern that proper channels were not being followed. Commissioner Leverkuhn stated that New Brighton should not be a place where if you want something you just do it and get approval later.