2000-10-03 P & Z - Laserfiche WebLink

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2. Salazar Fence Chairperson Hanson opened the public hearing at 7:00 p.m. Mr. and Mrs. Pedro Salazar appeared before the committee and requested a variance to be allowed to construct a six (6) foot wooden privacy fence in their rear yard. The property is a comer lot located at 7336 Old Mill Road. According to Ordinance #4, the Salazars have two (2) front yards. The Salazars would like a variance to leave the north side of the fence facing Old Mill Road located where they have already dug the fence post-holes. These holes are approximately one (1) foot into the road right-of-way. Construction was begun without a variance and a Stop Work Order was issued on the project. Mr. Salazar stated that he had contacted Paul Palzer, Building Official and questioned the positioning of the fence and was told twelve (12) to fourteen (14) feet from the curb. He then split the difference and installed the fence post-holes 13 feet from the curb. He stated the project was a three-step process involving grading the lot, sprinkler system and the fence. He has the comer holes in and if he were required to move them they would interfere with where the sprinkler system has been installed. Commission Member LaMotte questioned the distance from the fence to the sidewalk. Mr. Salazar stated approximately one (1) foot. Commission Member Brainard questioned if Mr. Salazar was told he would not need a permit. Mr. Salazar stated he was told if the fence was kept under six (6) feet he would not need a permit. Commission Member Kilian questioned the distance between the curb and the fence. Mr. Salazar stated approximately thirteen (13) feet. Mr. Salazar explained that he has waited over a month to continue work on the fence and would like to complete the project prior to the ground freezing. Commission Member McLean questioned if the six (6) foot fence would cause visual obstruction. Mr. March stated that the fence would not extend beyond the comer of the garage so visibility is not an Issue. Commission Member DeVine questioned Mr. Paul Palzer whether he remembered speaking to Mr. Salazar. Mr. Palzer stated he did recall speaking to Mr. Salazar; however, the project was started three months prior to the conversation. Mr. Palzer indicated he had stated, "twelve (12) to fourteen (14) feet is typical". However, in this case the City right-of-way ends at thirteen (13) feet, eight (8) inches due to the fact the street is not centered. Mr. Palzer stated his opposition to leaving the fence in the City right- of-way. Commission Member Brainerd questioned Mr. Palzer as to what his opposition was. Mr. Palzer stated that there could be problems with snow plowing or if in the future the City needed to enter the right-of- way. If entering the right-of-way necessitates the removal of any or part of the fence it would be done at the property owners expense. Commission Member Brainard questioned whether Council had informed Mr. Salazar he needed a six (6) foot fence. Mr. Salazar stated he wished to go beyond City requirement to ensure the safety and comfort of the neighbors and to provide a proper exercise area for the dogs. Mr. Salazar stated he felt it Page 3 of 13