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

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Mayor Gamec stated the citizens were present from both sides when this was discussed. The Council's action was based on what the citizens were agreeable to. Councilmember Cook stated when someone does everything they are supposed to do with the City it is wrong to let the residents tell them they have to change it. He questioned if a resident could make someone change the color of a garage if they did not like it. He stated this person did everything he had to do, he said he would make an attempt to put a space between him and the lot, and he did what he could. Everyone agreed until there were complaints from the neighbors. That should not make someone lose their rights as a landowner. Councilmember Elvig stated he concurs with Councilmember Strommen. They were working under the assumption of the fence location. He took the message of the neighbors to these people and staff. To see the location turned into a six inch line goes against what he believes was agreed upon. He also does not agree with the 10 to 12 feet to clear the posts. He agrees with Councilmember Strommen that a better attempt could have been made on the property owner's part. Councihnember Pearson stated he thinks fences are to be put on the property line. He feels this gentleman may not have followed all of the rules as they were written down. If he could get his fence in line with the rules that were given that is where it should be. It is a lot of work to put the fence in and take it out, and once it is taken out it is virtually worthless. Pearson saw a picture of the fence and felt it looked like he did a good job. City Attorney Goodrich advised a decision was not made at the last meeting; tonight the Council will make a decision based on the findings of fact. Councilmember Kurak stated she understands all of the positions. The one thing she is concerned about is that this fence is to hold the property owner's horse on his property. In the current location of the fence if the horse puts its head over the fence it will be on someone else's property and the property owner will be liable. She feels the two feet is a safety valve for the property owner. Councihnember Cook stated the property owner knows his horses and must think they will not go near th.e fence. Once the animals have touched the fence they will not go near it again unless they are coaxed over. Councilmember Elvig called for the vote. Motion failed. Voting yes: Councilmembers Cook and Pearson. Voting No: Mayor Gamec, Councilmembers Elvig, Kurak, Strommen, and Zimmerman. Motion by Mayor Gamec, seconded by Councilmember Elvig to adopt Resolution #04-02-044 adopting Findings of Fact #0662, relating to a request for appeal of the Zoning Administrator's interpretation of Ramsey City Code relating to permitted fence materials in an R~I Residential Zoning District on the property owned by Bruce and Karen Konzak. City Council/February 10, 2004 Page 14 of 18