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

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At the January. 13, 2004 meeting, several of the surrounding property owners said that they do not necessarily°bject to the use of an electric fence on the subject property. However, they do object to its cli~se proximity to their properties (currently, the fence is about 6 inches from the property line). '.They felt that at a minimum, a two (2) foot setback from the property line should be maintained.: This would not only allow them full use of their property without the concern of contacting an electric strand of the fence, but would also ensure that the horses would not be able to reach over the fence and onto their property. Also at the January 13, 2004 meeting, Bruce Konzak stated that there has been such abuse of their property by means of encroachment, that it was more important to him to clearly demark their property bi)undaries rather than to have an electric fence. Therefore, he offered to eliminate the electric feature of the fence if that would prevent the necessity of its relocation. MaYor proposed that the electric fence be setback two (2) feet from the Finally, the property line, that only two (~2) strands be electrified, and that the fence is relocated to the minimum two (2) foot setback by July 1, 2004. The following items are enclosed for your information: a) Site Location map b) Letter, from City Staff to the Konzaks, dated May 29, 2003 c) Letter received from Bev Kleckner-Thiele & Dean Thiele dated June 2, 2003 d) Letter, from City Staff to the Konzaks, dated June 25, 2003 e) Letter, from City Staff to the Konzaks, dated August 6, 2003 f) Letter, from City Staffto the Konzaks, dated October 9, 2003 g) Letter, ~om City Staff to the Konzaks, dated November 20, 2003 h) Notice of Staff's decision sent to each of the adjoining property owners i) Appeal, !received December 23, 2003, submitted by seven (7) of the adjacent property owners j) Appeal, ireceived December 23, 2003, submitted by Beverly Kleckner-Thiele & Dean Thiele k) Copy °fthe current fencing regulations for the R-1 Residential District [ 1) Pictures 'of the fence construction (along western edge of property) as of January 13, 2004 m) Draft City Council meeting minutes dated January 13, 2004 n) Proposed Resolution adopting Findings of Fact and Conclusion Recommendation: In the appeal process, the City Council has the authority to affirm, reverse or modify City Staff's decisions in administering the City Code. Per Council's direction, Staff has drafted Findings of Fact relating to :.this appeal. Based on the Findings of Fact and any further discussion, Council may conclude tO: a) uphold the ruling of the Zoning Administrator in the letter dated November 20, 2003; b) reverse the ruling of the Zoning Administrator, which has the effect of not permitting the u~titization of an electric wire strand fence as an acceptable fence material; or