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Commissioner Hendriksen stated that the County made the conscious decision to purchase <br />property, they made the conscious decision to offset the road on said property, and now they want <br />to control a portion of the property they chose not to buy by prohibiting building on that property. <br />He concluded that the County is controlling to the exclusion of the property owner who has bought <br />and paid for his property. <br /> <br />Ms. Frolik inquired if the City wasn't doing the same thing when they require' setbacks. <br /> <br />Commissioner Hendriksen stated that there is a point when such becomes abusive. He advised the <br />language needs to be "centerline of the right-of-way" not "centerline of roadway." <br /> <br />Commissioner Deemer inquired whether the City Engineer feels the setback policy should be more <br />specific from what the County is asking. <br /> <br />Mr. Jankowski replied he felt an excellent policy would say setbacks shall be in conformance with <br />zoning, and when the situation is such that there is the intention to expand a roadway, setbacks will <br />be applied to the future right-of-way. He stressed the need to apply the standards uniformly. <br /> <br />Commissioner Hendriksen objected to the taking of property on the speculation that there might be <br />a road there some day. He questioned, "where do you stop?" <br /> <br />Mr. Jankowski replied "when it's abusive." He added that the City needs to determine when this <br />becomes abusive. <br /> <br />Commissioner Hendriksen felt it abusive to deny property owners the use of their property just <br />because you "might" improve a road. <br /> <br />City Administrator Schroeder interjected that this whole situation is set up for the purpose of <br />protecting that property owner and future property owners of the property. The intent of the <br />setback is to protect the homeowner from being too close to the road in the furore. <br /> <br />Commissioner Hendriksen agreed, however, he added that there needs to be some protection from <br />these setbacks becoming abusive to the property owner. <br /> <br />Mr. Schroeder stated he felt that the speed limit on county roads has something to do with this. <br /> <br />Commissioner Deemer pointed out that even with the proposed setback, houses will be 10 feet <br />farther back than other existing houses on these county roads. <br /> <br />Commissioner Hendriksen reiterated that he opposes using the phrase "centerline of roadway" <br />because the road is not always in the center of the right-of-way. <br /> <br />Mayor Hardin felt there are two issues to be dealt with, setback and language. He inquired if it <br />was fair to have 60 feet of right-of-way and a 40-foot setback. <br /> <br />It was the consensus of the Council and the Planning Commission that this was equitable. <br /> <br />Mayor Hardin suggested sitting down with the County to discuss the language issue. <br /> <br />Commissioner Hendriksen said that if he were the County, he would want the most encompassing <br />language he could have. He stated that "as public officials, we need to protect our citizens" and <br />that is why he feels the language needs to be changed. <br /> <br />City Council-Planning Commission/November 9, 1995 <br /> Page 3 of 5 <br /> <br /> <br />