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Mayor Wilharber called for a vote on the motion. <br /> Ayes — 2 (Wilharber and Sweeney) Nays — 2 (Travis and Nelson). The motion failed for lack <br /> of a majority. <br /> c Member Travis indicated he is t s to the fence, b t' concerned t the fence is <br /> Council Memb r T av s not opposed ed o h u is tha <br /> PP <br /> built in the City's road right -of -way. <br /> Mayor Wilharber questioned the options the Salazars had due to Councils lack of majority. Mr. <br /> Hoeft indicated the Council could rant the variance request for the six (6) foot, wood, privacy <br /> o c <br /> g q () >P Y <br /> fence provided it is not in the City's road right -of -way, allowing the Salazars to continue the <br /> proj ect. <br /> Motion by Council Member Travis, seconded by Council Member Nelson to grant the <br /> variance request for the six (6) foot, wood, privacy fence provided it is not in the City's road <br /> right-of-way. <br /> Council Member Sweeney expressed his concern that the City may be imposing a hardship on the <br /> residents by not granting the variance. Mr. Salazar has been required by the City to meet certain <br /> specification in regards to keeping his dogs and has agreed to add fencing to make the neighbors <br /> more comfortable and to keep children separated from his dogs. Council Member Sweeney stated <br /> that requiring Mr. Salazar to move the fence would require additional monies to be expended by <br /> Mr. Salazar, which he has indicated he does not have. Therefore, Council Member Sweeney <br /> would like to see the variance approved. <br /> Mayor Wilharber stated that there would be a Council Member absent at the next meeting also. <br /> He then stated that he understood the opposition to the variance request concerning the City's road <br /> right -of -way but noted Mr. Salazar had agreed to be financially responsible for any costs incurred <br /> due to the fences location in the City's road right -of -way. <br /> Mr. Salazar stated he should have been able to rely upon the infonnation provided to him by the <br /> City and if the information was not reliable, he should have been told to consult another agency to <br /> determine the location of his property lines. <br /> Mr. Salazar indicated twenty (20) postholes have been dug and he has gone through two (2) augers <br /> due to soil conditions. Mr. Salazar stated that he feels the City has pushed him around and all he <br /> is trying to do is provide a safer area for his dogs to exercise and play and to make his neighbors <br /> feel more comfortable. <br /> Mayor Wilharber questioned whom Mr. Salazar spoke with at City Hall. Mr. Palzer indicated he <br /> Y q P n' <br /> had given Mr. Salazar the information. Mayor Wilharber questioned how far into the City's road <br /> right -of -way the fence was encroaching. Mr. Palzer stated eight inches. <br /> Mr. Hoeft stated that City officials can not be held accountable for information they give on the <br /> Y Yg <br /> location of property lines, it is ultimate responsibility of the property owner to determine exactly <br /> where the property lines are. <br /> Mayor Wilharber stated that the average property owner is not an attorney, engineer or surveyor <br /> and that if information was obtained from the City he understands why Mr. Salazar would believe <br /> Page 10 of 14 <br />