07-08-09 Council Minutes - Laserfiche WebLink

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MINI7TES CITY COUNCIL JULY 8, 2009 reporC. That recommendation was to allow the fence for a period of five years or until plantings adjacent to the fence reached a height of six feet, whichever comes first. The Administrator reported that Mrs. Khan has agreed to plant arborvitae trees that are approximately three to four feet in height a distance of 4.5 feet apart along her side of the fence. She has also agreed to lower the fence so that it is to comply with the 6 '/z height requirement, as well as apply for a building permit for the fence. The Administrator also recommended an agreement be entered into with Mrs. Khan that should the fence not be removed as agreed to, the City would have the authority to enter the property and take down the fence. Keis felt that staff's recommendation was a compromise, but indicated that the five years was longer than he would have liked. Keis assumed the five year period was to give the trees an opportunity to grow and fill in as screening for the Khan property. Blesener asked if staff was recommending that a deposit be required to ensure fence removal. The City Administrator felt that the agreement would suffice, since it would allow the City to abate the fence, if necessary. The agreement would be binding on the Khan's and future property owners. Montour asked if Mrs. Khan was withdrawing her Variance request given the recommendation relative to the special purpose fence. Mrs. Khan asked if her deposit would be returned to her if she withdrew the Variance application. The Administrator noted that Mrs. Khan would be responsible for the cost of processing her application. 'There was discussion about the timing for acting on the Conditional Use Permit and the drafting of the agreement relative to fence abatement. Mrs. Khan requested that the Council take action this evening so that the matter could be resolved and the fence construction completed. Mrs. Khan also agreed to withdraw her Variance request and indicated that she would submit the withdrawal in writing. The City Administrator suggested that action on the CUP could be contingent upon Mrs. Khan entering into the abatement agreement. Boss noted that the neighbor, Mr. Pelzer, has indicated that he would be planting azaleas on his side of the fence. Montour indicated that the City would strongly encourage Mr. Pelzer to install plant materials of a screening nature. There was no one else present wishing to comment on this matter. Upon motion by Keis, seconded by Montour, the public hearing was closed.