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

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Deanna Heaton, 16531 Coquina Street NW, Ramsey, stated that she realizes that a lot of people have put a significant amount of time and effort into resolving the issue. The problem is that the letters that were sent out to the surrounding property owners stated that the City felt that what was agreed to was a compromise to all parties, but they feel it was all towards the Konzaks and not for the surrounding property owners. She has lived in Ramsey for 28 years and does not mind the horses, but she does not want an electric fence six inches from her property line. She would not be able to even mow her property with her riding lawnmower without having concerns of touching the electric fence. Tim and Sheri Smith, 16410 Azufite Street NW, Ramsey, stated that they have lived in their home for 24 years. She explained that the fence on the Konzak's property was never an electric fence to start with and they have never had a problem with horses getting out. They were all told that the fence would be setback two to three feet frorn the property tine, which was acceptable to them, but now the fence is being placed six inches from the property line. With the fence being so close to the 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 impact their property values, r.~ City Attorney 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 Attorney Goodrich 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 no criteria to deviate from wood or chain link. City Attorney Goodrich stated that the Council is heating a lot of comment about the location of the fence, but he advised the Council that the only issue before them was the type of fencing materials being used. He noted that the ordinance does allow for fences to be placed right on the property line. Mr. Kubat replied that the ordinance states that fencing material must be chain link or wood unless othem, ise approved. The reason staff would approve something other than wood or chain link would be to contain animals and it should be done so 100 percent and if the fence is placed on the property line they will not be containing the animals 100 percent. If the fence is placed directly on the property line the horse could encroach into the adjoining properties. If they were in a horse community where all the surrounding properties had horses it would not be an issue, but that is not the case. Councilmember Cook stated that in the ordinance it does not state how far from the lot line a fence has to be placed, but the City did agree to allow for an electric fence to be placed on the property if it was placed one to two feet from the property line. He inquired if the City had that language in a sigmed agreement from the Konzaks.