Agenda - Planning Commission - 02/05/2004

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Code pertainifig to fences and asked that the City Council enforce the requirement of a wood or chain link fence. To have an eight wire fence with three electric wires was not acceptable. There is no guarant~ this wire fence will not be vandalized just like their other fence was and it affects the lives of 131 families. Some of the families have lived there for 30 years and the Konzaks have lived there fog only seven years. They personally were considering placing a playhouse in their backyard and ithey cannot do that with three live wires being located right on the property line. From her bac~ step to the proposed fence is only about 75 feet. There is a reason ordinance~ are established which is to benefit the community and they are worthless if they are not enforced. Deanna Heat4n, 16531 Coquina Street NW, Ramsey, stated that she realizes that a lot of people have put a sig~ ificant amount of time and effort into resolving the issue. The problem is that the letters that w~e sent out to the surrounding property owners stated that the City felt that what was agreed toi was a compromise to all parties, but they feel it was all towards the Konzaks and not for the s .u~rounding property owners. She has lived in Ramsey for 28 years and does not mind the hor~s, but she does not want an electric fence six inches from her property line. She would not be {ble to even mow her property with her riding lawnmower without having concerns of touching the electric fence. Tim and SheO Smith, 16410 Azurite Street NW, Ramsey, stated that they have lived in their home for 24 gears, She explained that the fence on the Konzak's property was never an electric fence to start ~ith and they have never had a problem with horses getting out. They were all told that the fence ~ould be setback two to three feet from the property line, which was acceptable to them, but noN the~ fence is being placed six inches from the property line. With the fence being so close to thq property line they will now have horse waste coming onto their properties and who is going!to clean that up. The other concern theY had was if the electric fence would negatively imOact their property values. City AttomeY~ Goodrich requested if Ms. Kleckner-Thiele could expand on her statement that staff was deviating from the City ordinance. Ms. Kleckner-~Thiele replied that City Code states that fencing material must be made of wood or chain link unless otherwise approved. To her that would mean that there should be a compelling reason to deviate from wood or chain link. City AttorneyiGoodrich noted that the City Code does allow for other materials as approved by the Zoning Administrator. Ms. Kleckner-~Thiele. questioned why that clause would be included in the ordinance if there is going to be nolcriteria to deviate from wood or chain link. City Attorney iGoodnch stated that the Council is hearing a lot of comment about the location of the fence, buti he advised the Council that the only issue before them was the type of fencing materials bein~g used. He noted that the ordinance does allow for fences to be placed right on the property line.: Mr. Kubat re~lied that the ordinance states that fencing material must be chain link or wood unless otherwise approved. The reason staff would approve something other than wood or chain link would he,to contain animals and it should be done so 100 percent and if the fence is placed City Council/January 13, 2004 Page 11 of 24 Pl13