Agenda - Council - 02/10/2004 - Laserfiche WebLink

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CASE ADOPT FINDINGS OF FACT AND CONCLUSION PERTAINING TO A REQUEST FOR AN APPEAL OF CITY STAFF'S INTERPRETATION OF FENCING REGULATIONS IN THE R-1 RESIDENTIAL DISTRICT By: Chris Anderson, Community Development Assistant and Sylvia Frolik, Community Development Director Background: In May of 2003, an issue regarding the installation of an electric fence was brought to the attention of the City. The subject property is located at 16620 Zirconium St NW and is approximately ten (10) acres in size. The subject property owners, Bruce and Karen Konzak, do maintain horses on the property. The subject property is unique due to the fact that it is "landlocked", there is no public road frontage and thus, is surrounded by fourteen residential lots, each approximately one (1) acre in size. Throughout the past year, Staff attempted to work with the neighborhood in an attempt to resolve this matter. There have been a number of site inspections and correspondences with the subject property owners throughout the last nine months. Then, on November 14, 2003, Staff again met Mr. Konzak (subjec~t property owner) on the subject property to review the portion of the fence that had already be~ installed (as Staff had received several calls stating that the fence was not being installed in accordance with the guidelines of earlier correspondence with the Konzaks). During this meeting, a~n agreement was finalized regarding the installation of the electric fence. Staff sent a letter to :the Konzaks on November 20, 2003 that reiterated the agreement that had been reached. On November 24, 2003, Staff sent out a notice to all surrounding property owners stating that an agreement had been reached regarding the installation of an electric fence on their neighbor's property. Therh on December 23, 2003, Staff received two separate petitions, one from a group of surrounding iproperty owners and the second from an individual property owner, appealing Staff's interpretation and enforcement of the fencing regulations in the R-1 Residential District. According to section 9.03.09 (Administrative Appeals) of City Code, appeals received within thirty (30) days of the ruling of the Zoning Administrator shall be valid and presented to the Board of Appeals (City Council) for a ruling on the matter. Observations: This matter was presented to the City Council on January 13, 2004. The Council was instructed by the City Attorney that no ruling was to be made at that meeting. The Council was to hear the case and, after all interested parties had an opportunity to present their case, to direct Staff to draft Findings of Fact to support a conclusion and place the issue on a later agenda for formal action.