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<br />A.( ~( <br />( iI <br />-II' <br />EJ fi. River <br /> <br />ITEM 5.5. <br /> <br /> <br />TO: <br /> <br />FROM: <br /> <br />MAYOR AND CITY COUNCIL <br />STEVEN B. ACH, CITY PLANNER~~ <br /> <br />DATE: SEPTEMBER 20, 1993 <br /> <br />SUBJECT: CODE ENFORCEMENT ISSUE (DAVE <br />PATENAUDE, 19275 LANDER STREET) <br /> <br />ISSUE <br /> <br />Whether <br />refused <br />or amend <br />allowing <br /> <br />to pursue legal action against a resident <br />to removed a non-conforming fence from their <br />the amortization section of the Zoning <br />the fence to continue in existence. <br /> <br />who has <br />property, <br />Ordinance <br /> <br />BACKGROUND <br /> <br />This issue has been ongoing and unresolved since August, 1991. <br />The City Council has previously taken action relative to this <br />matter and staff has diligently tried to resolve the issue. <br />The following is a chronological list of events to this point: <br /> <br />e <br /> <br />August 16, 1991: Letter sent to Mr. Patenaude from <br />staff stating barbed wire fence is a nuisance and <br />should be removed by August 31, 1991. <br /> <br />August 26, 1991: Mr. Patenaude agrees to remove barbs <br />from fence. Staff and City Attorney believe this <br />makes the fence "less" of nuisance. <br /> <br />September 23, 1991: Mr. Patenaude's neighbor appears <br />before the City Council to express concern regarding <br />wire fence and safety issues. City Council agrees <br />the fence is not a dangerous situation since the <br />barbs have been removed. <br /> <br />April 20, 1992: City Council passes a fence ordinance <br />which prohibits electric, barbed, and barbless wire <br />fences as boundary fences, however, these fences are <br />allowed in the Al and RIa zoning districts for <br />agricultural purposes only (Mr. Patenaude's fence is <br />a boundary fence). <br /> <br />May 5, 1992: Mr. Patenaude is contacted by staff <br />informing him that his fence is non-conforming, and <br />because it has a value of less than $2,000, must be <br />removed within one year pursuant to the zoning <br />ordinance amortization criteria for non-conforming <br />structures. <br /> <br />e <br /> <br />May 24, 1993: Letter sent to Mr. Patenaude reminding <br />him the amortization period has expired and the fence <br />must be removed by June 14, 1993. <br /> <br />P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 <br />