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on the property line they will not be containing the animals 100 percent. If the fence is placed <br />directly on the property line the horse could encroach into the adjoining properties. If they were <br />in a horse community where all the surrounding properties had horses it would not be an issue, <br />but that is not the case. <br /> <br />Councilmember Cook stated that in the ordinance it does not state how far from the lot line a <br />fence has to be placed, but the City did agree to allow for an electric fence to be placed on the <br />property if it was placed one to two feet from the property line. He inquired if the City had that <br />language in a signed agreement from the Konzaks. <br /> <br />Community Development Director Frolik replied that the first agreement was that the Konzaks <br />would offset the fence one to two feet from the property line. <br /> <br />Councilmember Cook inquired if the City agreed to allow the. fence to be placed on the lot line or <br />only six inches from the lot line. <br /> <br />Community Development Assistant Anderson explained that there was an agreement with the <br />Konzaks that they would attempt to install the fence one to two feet from the property line. <br /> <br />Mr. Konzak stated that initially they had been asked to think about a one to two foot setback, but <br />they always told City staff that their intention was to locate the fence as close to the property line <br />as possible. If they were to place the fence one to two feet from the property line they would <br />have to cut down a significant number of trees. The location of the fence varies from six inches <br />to one foot. <br /> <br />Councilmember Elvig stated that he spent a fair amount of time on the issue. The issue before <br />them has to do more with the materials used, but he felt very strongly that there was an <br />agreement regarding a setback and therefore staff agreed to allow the electric fence so in his <br />mind, setback becomes an issue before the Council as well. He stated that staff may not have <br />agreed with the electric fence if they were told that the fence would be placed right on the <br />property line. <br /> <br />Councilmember Strormnen stated that the ordinance allows for other materials to be approved by <br />the zoning administrator and if that is the case could the approval be contingent upon certain <br />things. <br /> <br />City Attorney Goodrich replied yes. <br /> <br />Councilmember Cook stated that it was his understanding that staff did not enter into an <br />agreement regarding a setback. <br /> <br />Community Development Assistant Anderson replied that there was language in the agreement <br />that stated the Konzaks would attempt to reach a one to two foot setback. <br /> <br />Councitmember Cook inquired if that was done where it was reasonable. <br /> <br />Cormnunity Development Assistant Anderson replied no, He explained that there was space to <br />shift the fence inward somewhat. <br /> <br />Plt4 <br /> <br />Ci.ty Council/January 13, 2004 <br /> Page 12 of 24 <br /> <br /> <br />