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Regular Planning Commission Meeting Minutes – Wednesday, April 6, 2016 Page 4  Condition 1.B is the option recommended and as originally required as part of the 143 Interim Use (IU) conditions of approval: 144 “A solid opaque cedar fence approximately 6.5’ in height shall be installed on the 145 northern edge of the property and as clarified by the Board of Adjustments and 146 Appeals on January 25, 2016.” 147  Condition 2 as stated: 148 “All required screening shall be installed no later than June 30, 2016.” 149  Condition 3, amended to read: 150 “Production area doors shall be closed during limited production and processing 151 operations.” 152 Staff Summation / Update 153 As detailed in the staff report dated April 6, 2016, Interim Community Development 154 Director Kari Collins summarized staff’s further due diligence in whether or not a fence 155 could or should be constructed within the easement located along the north side of the 156 Vogel property. 157 As noted in lines 6 through 19, Ms. Collins advised that staff has since concluded that 158 there is conflicting information as to whether or not that fence should be constructed near 159 the existing underground cable line or within the easement. Although some 160 representatives of Century Link have given permission to construct the fence within the 161 easement area and within 2’ of the existing cable line, Ms. Collins reported that Planning 162 staff believes such an endeavor may not be in the best long-term interest of the property 163 owner, since there is no guarantee the fence may not be damaged or portions removed 164 at the owner’s expense should maintenance of that underground cable be necessary, 165 without receipt of written permission and guarantees from senior representatives within 166 CenturyLink. 167 Also as outlined in the staff report, Ms. Collins noted that the City’s Police Department 168 representative Corey Yunke had been consulted regarding concerns about adequate 169 separate between the Vogel fence and fences installed by adjacent residential property 170 owners. Ms. Collins reported that Mr. Yunke indicated minimal to no public safety 171 concerns based on placement of those fences if the Vogel fence is 5’ to 10’ south of the 172 property line and neighbors installed fences at their rear yard property lines. 173 During her comments, Ms. Collins displayed an aerial map of 2830 Fairview Avenue, 174 showing three possible fence locations by color that was referenced throughout the 175 attached hereto remainder of this discussion; and was provided as a bench handout, 176 and made a part hereof. 177 Yellow line - On the Vogel property line 178 o Pink line – 10’ off the Vogel property line 179 o Blue line – between the Vogel property line and parking lot (approximately 180 o halfway between) screening the parking area. 181 Ms. Collins advised that the remainder of the staff report was self-explanatory; and 182 concluded her comments and standing for questions of the Commission. 183 Commission Discussion/Deliberation 184 Chair Boguszewski stated his hesitancy to proceed with the original amended motion 185 based on Ms. Collins’ update and the unfeasibility of Option B and installation of the 186 fence on the northern edge of the property line on the easement over buried cable. If that 187 option was allowed, Chair Boguszewski questioned if it would put Vogel Mechanical at 188 significant financial risk if future repair or replacement of the underground cable was 189 necessary, leaving them no recourse. Chair Boguszewski noted that the uncertainty of 190 this had been one of his areas of concerns and part of his rationale in moving to table 191 action at the March Commission meeting until more certainty around the realities of that 192 option and whether or not it was actually viable. 193