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Regular Planning Commission Meeting <br />Minutes – Wednesday, April 6, 2016 <br />Page 6 <br />this limited processing/production use. However, Ms. Collins further opined that whether <br />247 <br />or not the fence installation was required on the lot line or 10’ off was irrelevant as long <br />248 <br />as it served the purpose of screening the parking area. <br />249 <br />From her personal perspective, Member Cunningham noted that when considering the <br />250 <br />original Vogel IU application, she had originally supported installation of the fence along <br />251 <br />the property line, not just to screen headlights, but also to address her concerns related <br />252 <br />to potential double fence barriers and protecting the comfort level for the adjacent <br />253 <br />residential neighborhood. Member Cunningham recognized that headlights may be an <br />254 <br />issue, but wanted the record to show that this was not her only concern with or the intent <br />255 <br />in her support for fence installation on the property line. <br />256 <br />Member Daire stated his recollection was that the original chain link fence on the property <br />257 <br />line had since been removed, and had belonged to the former property owner Aramark, <br />258 <br />and inherited by the Vogels upon their purchase of the property. <br />259 <br />Ms. Collins advised that she was not aware of that information. <br />260 <br />Member Cunningham stated that the commission had been told that in past meetings. <br />261 <br />With removal of that fence, Member Daire advised that it left residential backyards open <br />262 <br />to what the commission had perceived as an easement area for underground utilities and <br />263 <br />overhead power lines. <br />264 <br />Member Murphy advised that he had sought permission from the Vogels today and had <br />265 <br />walked the property, noting that a chain link fence is there along the north edge of the <br />266 <br />parking lot, but not on the property line. <br />267 <br />For verification purposes, Chair Boguszewski reviewed each of the three options detailed <br />268 <br />on the aerial map being displayed and potential fence locations. <br />269 <br />Discussion ensued related to interpretation of the options outlined in the staff report, <br />270 <br />specifically the length of the fence east/west and staff’s revised recommendation (lines <br />271 <br />67 – 77) of the April 6, 2016 staff report; and the length of the fence in relationship to the <br />272 <br />building and screening of the parking area(s) with additional landscaping and berming. <br />273 <br />Member Daire referenced public comment from the March Commission meeting, with <br />274 <br />parents expressing safety concern if there was an area between the Vogel fence and <br />275 <br />those installed by residential property owners. Member Daire asked if approval was given <br />276 <br />for installation of the fence (blue line on map) screening the parking area but not on the <br />277 <br />north property line (yellow line on map), would residential property owners be responsible <br />278 <br />for installing their own fences on their property lines. If that was the case, Member Daire <br />279 <br />asked if responsibility then evolved to residential property owners for protecting animals <br />280 <br />and/or children in the area between the ultimate location for the Vogel fence installation <br />281 <br />and the property lines of adjacent residential property owners who may choose to install <br />282 <br />a fence on their property lines. <br />283 <br />Ms. Collins responded that, if those residents felt the need to provide additional <br />284 <br />screenings, they could make that choice and follow city code requirements seeking a <br />285 <br />permit for such a fence installation. Ms. Collins suggested this may be one of the <br />286 <br />variables the commission chose to consider when determining a selected option this <br />287 <br />evening. When the city considers public health, safety and welfare in the community, Ms. <br />288 <br />Collins noted that it was a subjective look. Therefore, Ms. Collins suggested that the <br />289 <br />commission may wish to address the concerns expressed by some neighbors as part of <br />290 <br />their decision and the subjectivity of space between fencing. As to what is considered <br />291 <br />safe or not safe by the city, Ms. Collins referenced the comments of the City’s Community <br />292 <br />Safety Coordinator Corey Yunke who expressed no concern with an area between <br />293 <br />fencing. However, Ms. Collins noted that Mr. Yunke was also looking at that safety from a <br />294 <br />criminal sense, and had noted that if the fence location was in a more commercial area <br />295 <br />with a heightened level of use, it may become a nuisance concern, but from a safety <br />296 <br />component, he voiced no concerns. <br />297 <br /> <br />