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City of Centerville <br />Regular Meeting Planning and Zoning Commission <br />October 5, 2021 <br /> <br />were relaxed or not, they worry the ordinance will be enforced at a higher rate after approval. <br />He stated he would be fine going back further into the right-of-way if anyone wanted to <br />explore that, he would be fine going closer to the curb. He noted he has empathy for <br />everyone, stating stuff comes up and things happen. He stated he doesn’t feel comfortable <br />moving forward with a vote this item tonight. <br /> <br />Administrator Statz stated that most of the time violations are a result of complaints by <br />neighbors. He stated City staff does not make a habit of driving around measuring yards and <br />driveways, although they would be within legal right to do so, they usually look at those <br />issues when complaints are made. <br /> <br />City Planner Carlson stated something to consider is that they can have different standards <br />in different zoning districts to accommodate the varying neighborhoods and areas. <br />Administrator Statz showed a map of predefined districts for reference. <br /> <br />Commissioner Krueger stated he is against the five (5) foot setback on the side but feels two <br />(2) feet is fair. He stated the10 foot setback from the curb is difficult to figure out because it <br />will affect so many people. He noted he would be interested to see what liability, if any, the <br />City carries regarding plowing and possible damage to cars in driveways. <br /> <br />Commissioner Kuiper stated he thinks flexibility is key and if the complaints are where most <br />violations come from, then that is where the City needs to use discretion and flexibility. <br /> <br />Commissioner Kubat stated if the City begins restricting someone’s use of their own <br />property, then they better have a very good reason. He noted while public safety is always a <br />good thing to consider, it can be used as a reason for doing anything, but he has yet to hear <br />what the concern is regarding public safety in this regard. He stated if you can put a fence <br />up to the property line then he does not see why someone could not have a boat within the <br />fenced yard. He stated if plows are the issue, he feels those can be figured out and enforce <br />something like other cities, that only allow parking within so many feet of the street between <br />certain hours to make room for plows, and if they do not move and damage occurs to their <br />vehicles, then that is the owner’s responsibility. He stated he cannot get on board with an <br />ordinance he is not comfortable enforcing. He reiterated that if there are bigger issues then <br />plowing concerns, then those need to be explained and defined. <br /> <br />Administrator Statz stated he was asked to and did get some safety study information but <br />forgot to include it in the Commission packets. He stated he reached out to the Police Chief, <br />and he deferred to the Fire Chief. He stated the Fire Chief stated two (2) feet in a side yard <br />would be tight if a fire fighter needed to get through in full gear with a hose and ground <br />ladder but stated four (4) feet would be adequate. <br /> <br />Chairperson Broussard-Vickers stated since the Fire Chief stated two (2) feet on the side <br />would be ok for them, she is good with changing that. She stated she would like to know <br />that if they change the setback from the curb to be shorter, that the City would not be liable <br />for claims if cars reported damage from plows. She stated she feels a five (5) foot setback <br />from the curb would be fine if the City would not be liable for damages. She noted she <br />would like to do something different in the Royal Meadows neighborhood because of the <br />smaller parcels and driveways. She also noted she would like to look at changing the surface <br />Page 4 of 5 <br /> <br />