CC_Minutes_2016_0411 - Laserfiche WebLink

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�24 ',5 �26 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 �l y2 �53 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 �77 � ,9 their decision and the subjectivity af space between fencing. As to what is considered safe or not safe by the city, Ms. Collins referenced the comments of the City's Community Safety Coordinator Corey Yunke who expressed no concern with an area between fencing. However, Ms. Collins noted that Mr. Yunke was also looking at that safety from a criminal sense, and had noted that if the fence location was in a more commercial area with a heightened level of use, it may become a nuisance concern, but from a safety component, he voiced no concerns. Chair Boguszewski shared his thoughts via a hypothetical example related to various opinions on fences along property lines, variables for private property ownership rights, preferences, and responsibilities; and how those variables may change from one property owner to another, as well as from one use to another. Chair Boguszewski then compared that exampfe to the separate issue under consideration by the commission for a Conditional Use (CU) for a light processing/production use at 2830 Fairview Avenue, and whether or not that use in itself broug h t any increased need for fencing to p�otect children and/or animals. If not, Chair Boguszewski opined that, without any previous history with the IU and conditions applied to that approval before the body, if this was simply a new CU appiication for a light processing/production use, would the commission be having this extensfve deliberation. If the use brought additionai danger to the neighborhood based on its activity, Chair Boguszewski opined that then fencing may be required as a condition of approval and be more pertinent than it is based on this proposed use and thereby factored in as to impacts to the residential.properties adjacent to the north. Under that scenario, Member Daire opined that, with the exception of the door into the office that protection for access was already in place. Chair Boguszewski and Member Murphy concurred. Chair Boguszewski' reiterated ti�at his question was whether or not the limited processing/production evolved to the property owners to the north. From his perspective, �riember Bull opined that fencing was an appropriate discussion and consideration witf� this use seeking conditional permitting. Member Bull noted previous pubfic comment related to tY�e "drainage ditch" between the residential and Vagel properties. If the fence was ta be installed on the blue line and further from the drainage ditch, IVlember Bull opined that it allowed visibility between the Vogel fence installation and future residential property fence installations. However if the Vogel fence is installed up to ihe property line, with residential properties installing a fence as well, it created a narrow area creating a safety hazard for children and potential injury or drowning since: they could not be as easily observed if accessing that area. Member Bull opined that if the drainage ditch was confined within the fence area or if it remained completely in the open he could support it, but if location of the fence installation created a smal! confined area between fences, he believed it created a safety issue. At the request of Chair Boguszewski, Member Bull confirmed that his preference would be for either Qption B(yellow line) or Option C(blue line) versus Option A(pink line). At the request of Chair Boguszewski following his personal waik of the property earlier today, Member Murphy ciarified that he would not consider the area referenced by Pvlember Bull as a"drainage ditch" but actually a very shallow depression caused by erosion with water draining away from the Vogel building. Even though photos were presented during last month's public comment, given the elevation he observed, Member Murphy opined that standing water would occur only when the ground was frozen during the spring, or after a significant rainfall.