06-22-09 Council Minutes - Laserfiche WebLink

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MINI7TES CITY COUNCIL JUNE 22, 2009 Montour stated that he appreciated Khan's concerns, but noted that the City has been working with the Sheriff s Department and the rental housing community, including Montreal Courts Apartments to make the City safer. He noted the work that has gone into implementing rental housing licensing. Blesener pointed out that the City continues to work on public safety issues. Khan stated that without the fence she would have to live like a prisoner iu her home. Montour felt there were other ways to address this issue, such as natural plantings. Khan suggested that she plant trees along the fence and that the City allow the fence to remain until the trees get large enough to provide screening. Keis felt that all property owners deserved to feel safe in their own homes. However, he did not feel the fence solved the problem, and noted that it causes the City other problems. Keis indicated that this is a difficult situation and suggested that the City work with Khan to find other solutions. McGraw agreed that the situation was difficult, and noted that the City cannot legislate behavior. He pointed out that the decision the Council makes on the Variance request effects everyone in the City, and if approved, the City will have no grounds to deny similar requests. McGraw suggested that if the City agrees to allow the fence to remain until trees provide screening, the trees will have to be a minimum of 5 feet in height when planted. Khan requested that she be allowed a minimum of two years to have the fence while trying to establish a screen of trees. With regard to the precedent, Khan pointed out that no everyone in the City lives in such an unsafe area. 'T'here was no one else present wishing to comment on this matter. Upon motion by Boss, seconded by McGraw, the public hearing was closed. Montour asked how an action plan could be put together to address the concept of a temporary fence until trees grow large enough to provide screening. The City Administrator suggested that a development agreement could be put together to govern this option. He noted that the most likely place to plant trees is right where the fence is. The Administrator suggested that there may be an opportunity to work with the neighbor to plant trees right on the property line, allowing the fence to remain temporarily. Keis asked if a temporary fence would require a variance. The City Attorney suggested that a variance would be necessary, noting that approval or denial of a variance requires findings that list the special conditions and circumstances of the situation. The Attorney indicated that 11