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Regular Planning Commission Meeting Minutes – Wednesday, March 2, 2016 Page 19 including their cable line. While CenturyLink representatives had previously stated 914 installation of footing would only need a 2’ variance of the wire and installation 915 accomplished by hand digging in those areas, Ms. Vogel noted that installing the fence 916 right on the property line with the underground cable zigzagging, it made the situation 917 impossible to meet. Ms. Vogel noted differences with the previous chain link fence 918 installation versus today’s requirements for poured footings. 919 Mr. Crain clarified that the new fence was proposed to be 6’5” Cedar wood and not a 920 metal chain link design. 921 Member Murphy sought clarification as to whether that proposed resolution was in line 922 with and as clarified by findings of the Board of Adjustments and Appeals, which he found 923 to be key in his decision-making. 924 Mr. Crain clarified that, as he and the Vogels interpreted the City Council directive, the 925 Vogels were to install the new fence where the chain link fence was located. However, 926 Mr. Crain advised that he didn’t agree that this was the intent at the beginning of the 927 process, but that the City Council had subsequently decided that in order to move the 928 issue forward, they had agreed. Mr. Crain clearly stated that, if that is the condition that 929 comes down with approval of the CU, it would not happen. 930 Ms. Vogel noted that the latest action of the City Council, acting as the Board of 931 Adjustments and Appeals, provided some variance for installation of the fence as close 932 as possible to the property line still involved a lot of grey area and many issues that 933 remained unclear. For instance, Ms. Vogel questioned who made the determination on 934 the location for a post if and when a tree root was hit. Due to numerous practical and 935 legal reasons, Ms. Vogel opined that it was impossible to continue down that particular 936 path of rationale. 937 Mr. Crain clarified that this was the reason his client was seeking some flexibility. Mr. 938 Crain asked that any and all conditions of approval of the CU are clear and interpreted as 939 intended to be. By providing some flexibility, Mr. Crain advised that his client was more 940 than willing to work with city staff on the best location and how best to affect blocking 941 lights and other issues to accommodate residential neighbors, but without requiring the 942 Vogels to continue returning repeatedly to the Planning Commission and/or City Council 943 for clarification. Thus, Mr. Crain asked that the Commission approve Condition 1.A.a 944 allowing the applicant to install the fence between the northern edge of the building and 945 property line to facilitate that flexibility. 946 Member Cunningham For further clarification, asked if the Commission determines that 947 Condition 1.B stays as per the IU condition, would the applicant not comply with that. 948 Mr. Crain stated that based on his understanding of the CU process and past case law 949 from the Court of Appeals, the purpose of conditions is to address what is attempting to 950 be mitigated. In this case, Mr. Crain noted that was noise and headlights; and if so, the 951 location of the fence didn’t affect that, as long as it served the purpose to block both 952 concerns. If the Commission determines that the fence has to be on the property line, Mr. 953 Crain stated that he would need to ask “Why?” since that had nothing to do with the 954 intended use of the property. 955 Member Bull noted that one concern may be one of safety with a dead zone between 956 fences. 957 Ms. Vogel noted that, due to how the underground cable meanders along the property 958 line, in places there could be 1.5’ between the property line and fence and others may be 959 in closer proximity. In reality, Ms. Vogel asked how that would be addressed and how and 960 where fences should be built under that scenario. Ms. Vogel opined that in no way did 961 this address the issue, nor did she think the intent was originally for the installation of two 962 separate fences. 963