09-17-2012 CCM - Laserfiche WebLink

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City Council Minutes Page 8 September 17,2012 Councilmember Gumphrey concurred with Councilmember Westgaard and stated the city was going to look at this in a rational way but that Ir. Moritz acted on his own. He stated • this is a perfect example of why a five-foot setback is needed. He further stated he is disappointed in 1r.Moritz. Mr.Moritz stated he did cut a couple of trees by accident and he offered to make amends. He further stated the pictures shown by Ms. McDevitt-Kraljec weren't accurate. Council noted the civil issue is not before them today. Councilmember Motin stated Attorney Neilson basically told his client it is okay to violate city ordinance. He stated it's the wrong way to go about it by asking for forgiveness,rather than permission. He further stated there are many ways around adverse possession and it wouldn't apply in this situation. He stated he hasn't made any decision on the five-foot setback for fences. Robin Hagen, 20296 Twin Lakes Rd NW, stated setbacks most likely wouldn't have meant anything to i\1r.Moritz. She stated the only reason they installed a fence was to protect their property because every time they left for work their trees would disappear. She reviewed photos of trees/branches cut into their property. She stated Mr.Moritz removed the monument marker and put his own posts out and left the monument marker sitting to the side. She stated she now has semi-trucks driving by because they put a road in right on the property line. She stated they have a 100 year old grainer),they can no longer get behind to perform maintenance to it. She stated the Moritz's should have to follow the law and that it is in place for a reason. Councilmember Westgaard suggested directing staff to do more research on other 111 communities and to bring this item back to a Council worksession.He also asked for past history on why the five-foot setback may have been chosen and requested all parties be notified in order to participate in the discussion. Councilmember Zerwas stated he is inclined to go with Option#1 (outlined in the staff report) of making no changes to the ordinance and to enforce the current ordinance as it is written. Councilmember Motin concurred but stated it also makes sense to get more information as to the purpose of the setback and what other communities are doing.He noted some sort of buffer would seem appropriate. Mayor Dietz questioned if the city changes the setback to two-feet,how it would affect Mr. Moritz. Attorney Beck stated there would be no non-conforming use rights because the fence was illegally installed Councilmember Gumphrey concurred with Councilmember Zerwas and further stated you need to account for the cows sticking their necks through the fence to eat the neighbors grass Attorney Beck asked for clarification on Council's direction. •