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2016-05-04_PC_Agenda_Packet
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2016-05-04_PC_Agenda_Packet
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Regular Planning CommissionMeeting <br />Minutes –Wednesday, April 6, 2016 <br />Page 7 <br />Chair Boguszewski shared his thoughts via a hypothetical example related to various <br />298 <br />opinions on fences alongproperty lines, variables for private property ownership rights, <br />299 <br />preferences, and responsibilities; and how those variables may change from one property <br />300 <br />owner to another, as well as from one use to another. <br />301 <br />Chair Boguszewski then compared that example to the separate issue under <br />302 <br />consideration by the commission for a Conditional Use (CU) for a light <br />303 <br />processing/production use at 2830 Fairview Avenue, and whether or not that use in itself <br />304 <br />brought any increased need for fencing to protect children and/or animals.If not, Chair <br />305 <br />Boguszewski opined that, without any previous history with the IU and conditions applied <br />306 <br />to that approval before the body, if this was simply a new CU application for a light <br />307 <br />processing/production use, would the commission be having this extensive deliberation.If <br />308 <br />the use brought additional danger to the neighborhood based on its activity, Chair <br />309 <br />Boguszewski opined that then fencing may be required as a condition of approval and be <br />310 <br />more pertinent than it is based on this proposed use and thereby factored in as to <br />311 <br />impacts to the residential properties adjacent to the north. <br />312 <br />Under that scenario, Member Daire opined that, with the exception of the door into the <br />313 <br />office that protection for access was already in place.Chair Boguszewski and Member <br />314 <br />Murphy concurred. <br />315 <br />Chair Boguszewski reiterated that his question was whether or not the limited <br />316 <br />processing/production evolved to the property owners to the north. <br />317 <br />From his perspective, Member Bull opined that fencing was an appropriate discussion <br />318 <br />and consideration with this use seeking conditional permitting.Member Bull noted <br />319 <br />previous public comment related to the “drainage ditch” between the residential and <br />320 <br />Vogel properties. If the fence was to be installed on the blue line and further from the <br />321 <br />drainage ditch, Member Bull opined that it allowed visibility between the Vogel fence <br />322 <br />installation and future residential property fence installations.However if the Vogel fence <br />323 <br />is installed up to the property line, with residential properties installing a fence as well, it <br />324 <br />created a narrow area creating a safety hazard for children and potential injury or <br />325 <br />drowning since they could not be as easily observed if accessing that area.Member Bull <br />326 <br />opined that if the drainage ditch was confined within the fence area or if it remained <br />327 <br />completely in the open he could support it, but if location of the fence installation created <br />328 <br />a small confined area between fences, he believed it created a safety issue. <br />329 <br />At the request of Chair Boguszewski, Member Bull confirmed that his preference would <br />330 <br />be for either Option B (yellow line) or Option C (blue line) versus Option A (pink line). <br />331 <br />At the request of Chair Boguszewski following his personal walk of the property earlier <br />332 <br />today, Member Murphy clarified that he would not consider the area referenced by <br />333 <br />Member Bull as a “drainage ditch” but actually a very shallow depression caused by <br />334 <br />erosion with water draining away from the Vogel building.Even though photos were <br />335 <br />presented during last month’s public comment, given the elevation he observed, <br />336 <br />Member Murphy opined that standing water would occur only when the ground was <br />337 <br />frozen during the spring, or after a significant rainfall. <br />338 <br />While she would not characterize the area as a “drainage ditch, Member Cunningham <br />339 <br />opined that photos provided evidence of significant standing water, and she shared <br />340 <br />Member Bull’s concerns. <br />341 <br />Member Gitzen stated his concurrence with Chair Boguszewski’s hypothesis related to <br />342 <br />removal or retention of fences.Member Gitzen opined that this fence installation needed <br />343 <br />to be tied directly back to this CU application and city code requirements for it and any <br />344 <br />other businesses requesting a CU and the standards that apply. <br />345 <br />Chair Boguszewski reiterated that if this CU application stands alone without any of the <br />346 <br />past IU history, it should be considered as such, and consideration of staff’s <br />347 <br />recommendation for Condition Option C and additional landscaping. <br />348 <br /> <br />
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