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(~'.(mncill ~(:l ~t ,,' I.;[vig introduced the following resolution and moved for its adoption:
<br />
<br />RESOLUTION #04-02-044
<br />
<br />A RI,;SOI,u.;~'ION ADOP'FING FINDINGS OF FACT #0662 RELATING TO A
<br />REQI/i;;S'I [~'¢ } tl APPEAL OF THE ZONING ADMINISTRATOR'S INTERPRETATION
<br />(IF RAMSW,~/ ~ ;['l'Y CODE RELATING TO PERMITTED FENCE MATERIALS IN AN
<br />R.-I III,;?4H~I~;NT[AL ZONING DISTRICT ON THE PROPERTY OWNED BY BRUCE
<br />AND KA R~,'.N !~..ONZAK.
<br />
<br /> W ~ l ~,; i{ I~; a, S, in accordance with Section 9.03.09 (Administrative Appeals), the City has
<br />received z~ xw'~tl(:,~ request for appeal of the Zoning Administrator's interpretation of City Code
<br />and deci:;i~,~ t-,i) ~ !low for the installation of an electric fence around the perimeter of the property
<br />generall3 k m,,.w-i :ts 16620 Zirconium Street N.W. (the "Subject Property").
<br />
<br />NOW Ti 1:~;i~i,,t~, ORE, lIE IT RESOLVED BY THIS CITY COUNCIL OF THE CITY OF
<br />RAMSE¥, ANt~KA COUNTY, STATE OF MINNESOTA that the findings of fact and
<br />conclusion i~'in~mg to the administrative appeal are determined to be as follows:
<br />
<br />1. 'l'l,~t ?-.<xzii<m 9.20.11 (R--I Residential District), Subd. 6.c (General R-1 Performance
<br /> S...~(!~t~'(l~ l,'cnccs), stares the following:
<br />
<br />"1. l,c~{:i~,, ,;r walls (except retaining walls) located in the front yard shall not exceed four
<br />(4) fi:el, i~ I~c/ght. Fencing or walls located in the side or rear yard shall not exceed six (6)
<br />Feet in h,zigl~.l Fences outside the 2020 MUSA are allowed up to eight (8) feet in height in
<br />any y:~(l b~.ti ~mt,~;t be setback a minimum of 100 feet from the front property line unless there
<br />is at 1,c~si ;~ .~;~ veiny-five percent (75%) clear visible opening. Fences may be constructed of
<br />barbed ,,~ i~'~: I(., accommodate agricultural activities and the raising of livestock and animals as
<br />dcfim'd 1,,,; (~i~y ('~octc Section 5.09. Lots of record as of July 1, 2002, within the MUSA that
<br />arc cm'~'c~ily used for agricultural activities or the raising of livestock and animals also
<br />quality ,mdt_,t' ~his provision. 2. Fencing material shall consist only of wood or chain link or
<br />other m;tlc~ i;~i as approved by the Zoning Administrator. 3. Fence framing must face inward
<br />on lhc: I~:~,,~'~' ,~,,vner's lot. 4. Fencing must be located 100% on the fence owner's lot."
<br />
<br />That (>~. r,/l~t,,, :~,6, 20(/3, a resident owning property in close proximity to the Subject Property
<br />report~:d i~ tl~c City that Bruce and Karen Konzak owners of the Subject Property and
<br />hcrci natt~ :~' l',,~Ii_'rt'~xl to as "Subject Property Owners", were making plans to install an electric
<br />l'ence :m~,d ti~c perimeter of the Subject Property.
<br />
<br />3. Tha~l thc :4ul!j~-ct I'r()pcrty is approximately 10 acres in size and horses are maintained on the
<br /> pm-cci i~, ,,:c;o~ (,tancc with City Code regulations for keeping horses.
<br />
<br />4. That ©n .h4~y 5'9, 2003, the City sent a letter to the Subject Property Owners apprising them of
<br /> the City r'o& ~'cgulations pertaining to fences and that if they are planning to install an
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