Agenda - Planning Commission - 09/07/2017

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Community Development Director Gladhill requested the Commission focus their comments and discussion on the fence proposal and not on previous code violations. He followed up on several items stating the City was aware of the drain tile situation noting this had been corrected. Amanda Hora, 7190 167th Terrace NW, believed the proposed fence would provide safety for her three children. She understood the land behind her home would remain untouched. She stated she could support the proposed fence. Danielle Hubler, 7218 167th Terrace NW, stated the Sis family were great neighbors. She commented on the current condition of the pond noting there was no standing water at this time. She expressed concern with Mr. Sis being allowed to construct a permanent structure in a DNR protected wetland area. She commented on how Mr. Sis's actions have already altered the wetland through the drain tile installation and pumping. She reported her small decorative fence was placed in its location due to the DNR requirements and for the health of the pond. She recommended that Mr. Sis not be allowed to install a fence as this would further alter the wetland and would negatively impact property values. She believed it was not environmentally responsible and feared a precedent would be set by the City if this fence were approved. City Planner Anderson provided several areas of clarification noting the wetland area in question was not a designated DNR protected wetland, due to its size. He reported the wetland was below the 2.5-acre threshold. He recalled that wetland buffer signs were in place at one point in time. However, some time ago, the signs were removed after the City's buffer requirements were lifted. Chairperson Bauer noted for the record the Planning Commission had received an advisory petition, along with the letter offering support to the request. Scott Ostrander, 16772 Limonite Street, agreed with the points being made by his neighbors and stated he opposed the fence request. He believed that if fences were not allowed around stormwater ponding areas, a fence should not be allowed in the Sis backyard either. He did not want to see the City bending the rules for this one property. Mr. Sis explained when he purchased his lot promises were made by realtors and he believed it was within his right to mow his property. He stated that any pumping he does goes through a buffer area and noted the grass adjacent to the pond remains untouched. He was of the opinion that the fence would improve the safety for his children and he did not want neighboring children accessing the pond through his yard. Motion by Commissioner VanScoy, seconded by Commissioner Surma, to close the public hearing. Motion Carried. Voting Yes: Chairperson Bauer, Commissioners VanScoy, Surma, Anderson, Brauer, Gengler, and Nosan. Voting No: None. Absent: None. Chairperson Bauer closed the public hearing closed at 7:56 p.m. Planning Commission/July 6, 2017 Page 5 of 16