11-25-1985 Council Packet - Laserfiche WebLink

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23. There exist within the City a considerable number of fences and walls in excess of 42" which exist without benefit of an approved variance. Applicant has submitted photographic evidence of this in earlier testi- mony. Staff is aware or o'hers. City has never taken any action against any other person besides Applicant on this issue. 24. One of such fences exists on the property adjacent to Applicant's. In addition, this fence is on the CSAH 15 platted road and another part is on the Applicant's real property. 25. The other adjacent lakeshore property is a marina. It is required by Code to have an opaque 6 foot fence adjacent t, Applicant's residental property. This property has fences in excess of 42" but less than 6 feet in height. This property is in violation of the Code. One of this property's fences and an LP gas storage tank are on the CSAH 15 platted right-of-way. The tank also does not meet fire code or zoning code set back requirements. If Applicant's fence poses a public safety issue, then the marina structures do as well. Staff has been aware of these facts for a number of years and has failed to act. Therefore, Applicant contends these must not be !,nsafe or violations or the City would have requestet' at least a variance application. 26. City has discussed this matter on numerous occasions at the council meetings without reasonable or proper notice to Applicant in violation of his human, it not, legal rights in this matter. 27. City lost its rights to maintain sign and posts on subject property, which it formerly maintained on the county road, when the county quit claim thereto. City is, therefore, trespassing upon Applicant's premises at this; date. County's signs have a simi'ar status. 28. Cable television wires in violation of ttie easements granted exist on the subject. property. Applicant, through complaint with the police department, asked City to prosecute this trespass. City has failed to act. 29. Failure of 'ity to act on o0 er "fence" ordinance matters such as this, on the CATV trespass, and on repeated violation of City and LMCD Ctde as described herein might violate Applicant's civil rights. 30. City Administrator and Public Works Director placed a "lath Line" approximately parallel to and approximately 1-3 feet toward Lake Minnetonka from existing fence. 31. Said "lath line" describes a line, according to City staff, that a fence along such line would not constitute a "public nuisance" if the easterly 30 feet thereof is 3 feet or less in height. 32. Punning Commission slid not act within the mandate J days in this m `ter. 33. City's contractor on the Crystal Bay Sewer project did from 9-4 to 9-6. 1985 trespass upon subject property with the aid a+id assistance u, the City Public Works Department in order to pump water from or into Lake Minnetonka without benefit of the right of entry.