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2000-11-01 Agenda
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2000-11-01 Agenda
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was the responsibility of the City to tell him he was placing the fence in the wrong place prior to him <br /> getting this far along in the process because the City knew he was building the fence. <br /> Chairperson Hanson questioned as to how he arrived at starting the fence at thirteen (13) feet from the <br /> curb. Mr. Salazar indicated he used thirteen (13) feet because it is between twelve (12) and fourteen <br /> (14) feet. <br /> Commission Member DeVine spoke as a neighbor of the Salazars and indicated he is in favor of the <br /> fence. Mr. DeVine stated he had spoken to another neighbor who voiced her support of the fence. Mr. <br /> DeVine also stated he does not believe one (1) foot either way will make very much difference. <br /> Commission Member Kilian agreed one (1) foot is not a big difference. Mr. Kilian stated he would like <br /> it to be made clear, however, if the fence stays in the City right -of -way and the City needs to remove it <br /> for any reason it would be the responsibility of the Salazars to repair and replace it at their expense. Mr. <br /> Salazar expressed his willingness to agree to repair and replace the fence, at his cost, should the need <br /> arise if the City needs access to the right -of -way or if the fence is hit by the snowplow. <br /> Commission Member Brainard noted it is not the responsibility of the City to survey a property or <br /> determine for the property owner where the lot lines exist. He indicated the City can give guidance, but <br /> it is ultimately the responsibility of the property owner. Mr. Salazar said he believed he should be able <br /> to rely upon information received from the City. <br /> Commission Member DeVine stated he does not think it is right to call City Hall and get information as <br /> to where the fence should be placed and then have the City place a stop order on work because the <br /> information given out was incorrect and the fence is now in the City right -of -way. Mr. Palzer noted <br /> there was a three month time period between the telephone call and the start of the project. Mr. Salazar <br /> indicated he was waiting for an available contractor to begin the project. <br /> Mr. March explained to the Commission he had sent out a certified letter as follow -up to Mr. Salazar's <br /> appearance before the Council on the dog issue. In that letter it informed the Salazars that a variance <br /> may be required to build a fence. The certified letter was refused by the Salazars and returned by the <br /> post office as undeliverable. The letter was then delivered by the Centennial Lakes Police Department. <br /> At that time period, construction of the fence had already begun. Mr. March indicated that the City had <br /> tried to preempt the current situation by sending the letter and that by not accepting the letter; the <br /> Salazars have created the current situation. <br /> Mr. March stated he believed the fence would be an amenity to the property and would not detract from <br /> it. Mr. March stated that the current Ordinance #4 needs to more clearly define front yards pertaining to <br /> corner lots. Mr. March also stated that the Planning and Zoning Commission would be discussing this <br /> issue in the near future and at present the concern is the placement of the fence in the right -of -way. <br /> Motion by Commission Member DeVine, seconded by Commission Member Brainard to continue <br /> the public hearing to the October 11, 2000 City Council Meeting at 6:00 p.m. All in favor. Motion <br /> carried unanimously. <br /> Mr. Salazar presented to Mr. March letters of support for the fence from two (2) of his neighbors. <br /> Chairperson Hanson closed the public hearing at 7:20 p.m. <br /> 3. County Bank <br /> Page 4 of 13 <br />
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