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Councilmember Strommen stated there was an agTeement, either verbally or earlier in writing, <br />and an attempt was made to include a one to two foot setback. The property owner was not able <br />to do that, but he did not contact staff to say he could not do it. Instead, he put the fence in just <br />six inches off of the property line. That is the problem she has, instead of being upfront the fence <br />was just put in the cun'ent location. <br /> <br />Mayor Gamec stated the citizens were present from both sides when this was discussed. The <br />Council's action was based on what the citizens were agreeable to. <br /> <br />Councilmember Cook stated when someone does everything they are supposed to do with the <br />City it is wrong to let the residents tell them they have to change it. He questioned if a resident <br />could make someone change the color of a garage if they did not'like it. He stated this person <br />did everything he had to do,. he said he would make an attempt to put a space between him and <br />the lot, and he did what he could. Everyone agreed until there were complaints from the <br />neighbors. That should not make someone lose their fights as a landowner. <br /> <br />Councihnember Elvig stated he concurs with Councilmember Strmmnen. They were working <br />under the assumption of the fence location. He took the message of the neighbors to these people <br />and staff. To see the location turned into a six inch line goes against what he believes was agreed <br />upon. He also does not agree with the 10 to 12 feet to clear the posts. He agrees with <br />Councilmember Strommen that a better attempt could have been made on the property owner's <br />part. <br /> <br />Councilmember Pearson stated he thinks fences are to be put on the property line. He feels this <br />gentleman may not have followed all of the rules as they were written down. If he could get his <br />fence in line with the rules that were given that is where it should be. It is a lot of work to put the <br />fence in and take it out, and once it is taken out it is virtually worthless. Pearson saw'a picture of <br />the fence and felt it looked like he did a good job. <br /> <br />City Attorney Goodrich advised a decision was not made at the last meeting; tonight the Council <br />will make a decision based on the findings of fact. <br /> <br />Councihnember Kurak stated she understands all of the positions. The one thing she is <br />concerned about is that this fence is to hold the property owner's horse on his property. In the <br />current location of the fence if the horse puts its head over the fence it will be on someone else's <br />property and the property owner will be liable. She feels the two feet is a safety valve for the <br />property owner. <br /> <br />Councilmelnber Cook stated the property owner knows his horses and must think they will not <br />go near the fence. Once the animals have touched the fence they will not go near it again unless <br />they are coaxed over. <br /> <br />Councilmember Elvig called for the vote. <br /> <br />Motion failed. Voting yes: Councilmembers Co.ok-and Pearson. Voting No: Mayor Gamec, <br />Councihnembers Elvig, Kurak, Strornrnen, and Zimmen-nan. <br /> <br />Motion by Mayor Gamec, seconded by Councilmember Elvig to adopt Resolution #04-02-044 <br />adopting ?indings of Fact #0662, relating to a request for appeal of the Zoning Administrator's <br />interpretation of Ramsey City Code relating to permitted fence materials in an R-1 Residential <br />Zoning District on the property owned by Bruce and Karen Konzak. <br /> <br />CiD' Council/February 10, 2004 <br /> Page 13 of 18 <br /> <br />P41 <br /> <br /> <br />