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09-21-1987 Planning Packet
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09-21-1987 Planning Packet
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Zoning File #643 <br />September 16, 1987 <br />Page 2 of 3 <br />The applicant had made it clear throughout the review that he knew <br />fully well where his property line ended and the unused right-of-way began <br />(review Exhibits A & E), <br />Review of Recomendation of Application #643 - <br />Sometime in 1986, staff once again found the applicant in the process <br />of filling in his lakeshore yard and at that point observed the 6 feet <br />privacy fence and advised applicant to contact J. Mabusth. <br />At this point, staff would like to explain the reason for staff's <br />reluctance to deal directly with Mr, Curtiss on this matter but the <br />personal or rather private concern of the Curtiss family at this time <br />require that we deal with Mrs. Curtiss. She has agreed to come before the <br />City with her request that the fence remain. Staff has asked for her input <br />in the preparation of this review but she has failed to respond to my <br />recent request (Exhibit K). If she does not appear, staff will ask that <br />you review staff's attempt to recount her position on the need for the <br />fence and make your recommendation to Council. <br />Based on discussions with Mrs. Curtiss her position can be summarized <br />as follows: <br />1. If sections of the fence are located within the protected area, <br />they will remove them. From a recent inspection by staff, it would <br />appear the last 3 sections of fence at the northern edge may be <br />located within 75 feet of the lakeshore. <br />2. The fence is needed to provide privacy, noise protection, <br />protection from neighbors' dogs and her young child from any mishap on <br />the roadway. Staff has been asked to confirm a neighbor's complaint <br />that the Curtiss' rent boat slips at an old dock at the northern edge <br />of their lakeshore. There is no foundation to this claim and neither <br />is the claim that cars are parked at the northern edge of the property <br />by the users of this dock. Mrs. Curtiss has advised that tl~ _r car is <br />parked at that edge which is another reason for the privacy fence. <br />This has also been confirmed by staff. <br />3. Mrs. Curtiss claims that throughout the review of Application 643, <br />the limited yard area was discussed and that Council approved the <br />setback variance so that the yard area could be raaintained rather than <br />used in driveway and turnaround if doors were to face to the side. <br />Staff can not recall discussion of a privacy fence. The only fence at <br />a legal height on the property is the split rail fence in frc >t of the <br />house but even that fence may be located in the right-of-way. <br />The ‘°nce has been placed on the property adjacent to the d'^*eway so <br />that a turnaround could not be installed. The fence creates a hci2.ard for <br />not only the applicants but the public who drive the roadway.
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