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

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achieve the tension necessary for the fence to withstand the pressure from large animals leaning against it. 13. That on N°Yember 20, 2003, the Zoning Administrator issued a letter to the Subject Property Owners do0umenting the observations made during the site visit on November 14, 2003, and establishing the following conditions: a) regardless of the number of wire strands affixed to the inside of the fence post, the Subject Property Owners would be required to attach 3 strands to the outside of the fence posts to create a barrier to the live wires on the inside of the fence posts; b) per the offer of the Subject Property Owners, the 3 strands would be attached to.the outside of the fence posts utilizing 5 inch extension arms to increase the separation distance between the live and non-live wires; c) the live wires would not be turned on until the fence construction was 100% complete, and only on an as needed basis. 14. That on December 23, 2003, the City received two written appeals, signed by neighboring property owners, regarding the Zoning Administrator's ruling on the electric fence as described ia the letter dated November 20, 2003. 15. That in accordance with the Appeals process established in Section 9.03.09 of the Ramsey City Code, the appeal was submitted to the City Council for consideration on January 13, 2004. 16. That during:the City Council meeting of January 13, 2004, there were several persons present that own pr~0perty adjacent to the Subject Property, to voice their concerns with the electric fence as follows: a) that an electric fence at the property line poses a safety threat to any and all surrounding properties; b) that three (3) live wires were excessive and unnecessary; c) that the horses could reach over the fence onto adjacent properties and thus would not be fully contaitled on the Subject Property Owners' land if the electric fence were at the property line. 17. That during the City Council meeting of January 13, 2004, the Subject Property Owners described the encroachments that have occurred onto their property by some of the neighboring property owners, and stated that in addition to secure containment of the horses, there is a glteat need to locate the fence as close as possible to the property line in order to cease the encroachments onto the Subject Property. 18. That in the :..appeal process, the City Council has the authority to affirm, reverse or modify City Staff's .decisions in administering the City Code. 19. That the City Council discussion on January 13, 2004, focused on the fact that the Applicant should have more closely adhered to the August 6, 2003, agreement to 'make a reasonable attempt' to Set the fence 1-2 feet off the property line in order to create a sufficient separation between the neighboring properties and the electrically charged wire strands, and avoid a situation of'the horses actually trespassing onto neighbors space if they reached over the fence line with their heads. RESOLUTION #04-02- Page 3 of $