MINUTES OF THE
TUESDAY, MAY 24, 2005
Mayor Bolender called the meeting to order at 7:00 p.m. The following Commissioners were present at roll call: Commissioner Dickmann, Commissioner Jackson, Commissioner Rolling, Commissioner Siira, Commissioner Foeckler, Mayor Bolender, Commissioner Grabowski, Commissioner Correll, and Commissioner Peterson. Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.
Report on Significant Common Council Actions
Mr. Jeff Fortin, Planner updated the Commissioners on the actions that were taken at the May 17, 2005, Common Council meeting.
Plan Review – Java Grande Coffee Kiosk
150 W. Rawson Avenue
Tax Key No.: 734-9022
Mr. Jeff Fortin, Planner explained to the Commission Java Grande was returning to the Plan Commission from the May 10, 2005 meeting where the Plan Commission held the item so the applicant could determine how far away from the gasoline storage tanks the building had to be and to allow the applicant to look into connecting to municipal sewer and water.
Commissioner Peterson questioned where the garbage was proposed to be disposed for the kiosk. Mr. Ben Halverson would be using the Citgo gasoline stations dumpster on site. Commissioner Peterson questioned if that was arranged for in the lease agreement. Mr. Halverson confirmed it would be part of the lease agreement that was not currently finalized because he was waiting for all City approvals before the lease was finalized.
Commissioner Grabowski questioned how the bathroom facilities would work. Mr. Halverson explained the employees would shut down the kiosk temporarily and use the Citgo station facilities. Commissioner Grabowski questioned which type of trailer would he be using and how they would be able to keep the water from freezing. Mr. Halverson explained they would be using option “B” for the building and the use of the City sewer and water should alleviate any freezing concerns. There is a heater under the building to help to keep the water from freezing. Commissioner Grabowski also questioned if the City were to require bathroom facilities inside the kiosk if Mr. Halverson would be willing to look at that option. Mr. Halverson would have to start over because there is not currently a kiosk designed with a toilet facility within the building. There is a washing facility within the kiosk that will pass the Oak Creek Health Department standards.
Commissioner Siira questioned what information Mr. Halverson found regarding handicap accessibility. Mr. Halverson would be required to have a thirty-two foot long ramp to the door. They will be looking to get a variance from the State on the Code.
Mayor Bolender questioned the type of products that would be sold at the kiosk. Mr. Halverson will be selling coffee and tea and frozen refreshments.
Alderwoman Kopplin, 6931 S. Howell Avenue, questioned what related type of equipment and accessories would be sold on site. Mr. Halverson explained he will be selling prepackaged coffee beans, coffee cups and tea based products and other coffee related items.
Commissioner Grabowski expressed concern for the business leaving and leaving the City with just a slab. Mr. Halverson indicated they would be hooking up to sewer and water and if the business did not work he would be required to return the site back to its original state as part of the terms of the lease agreement.
Commissioner Rolling requested Mr. Halverson to describe the type of bricks that would be used on the kiosk. Mr. Halverson would be using a brick material that will be secured to a backing instead of a skirting material.
Mr. Fortin, Planner, explained there would technically be a foundation to the building if he was hooking up to the sewer and water and that may address the issue of permanency. The B-4 zoning district does allow for the sale of other products besides the coffee and he could under the B-4 sell other items. The Plan Commission should be reviewing the building, the site layout and those types of issues. The site ownership in the lease is typical.
Commissioner Correll had little concern with whether the business would be viable or not. If the business failed he could leave and take his building with and not leave an empty building on the site.
Alderwoman Kopplin questioned whose landscaping plans where being approved and who would be paying for the landscaping. Mr. Fortin stated they would be approving the exact same landscaping plan submitted with the Milo Thomas site plan and approved by the City Forester. Neither building will get occupancy until the landscaping is installed regardless of who is paying for what.
Alderwoman Kopplin suggested the Code would not allow for the kiosk to use the dumpster at the Citgo because the Code requires that the dumpster must be on the owners’ property and Mr. Halverson does not own the property. Mr. Fortin explained the land can be owned by another property owner but if he is leasing the property it should not be an issue. Mr. Fortin suggested it be added as a condition of the approval that garbage is addressed in the lease.
Commissioner Grabowski expressed concern approving the item without the current issues being taken care of in writing before the approval. Mr. Fortin suggested adding conditions to the approval.
Commissioner Peterson also expressed concern for all of the conditions and would feel more comfortable if the issues were cleared up before any approvals were given.
Commissioner Rolling questioned the type of sales and if they were allowed under the zoning. If the items were allowed under the zoning she would not have a problem with the sale of the coffee and tea type of related items.
Commissioner Siira questioned if there would be adequate room to install a handicap ramp if it was required. Mr. Halverson would not be able to install the ramp if required but might be able to install a lift if required.
Commissioner Correll suggested holding the item until the issues could be cleared-up. Mr. Fortin suggested Mr. Halverson get a lease with a contingency from Mr. Hamden allowing him to use the dumpster and toilet facility and the return of the site to original conditions and specifically what type of products will be sold and who would be responsible for the landscaping. Also, a letter of intent to install a handicap lift if necessary.
Mayor Bolender directed the item held until the issues could be confirmed in writing.
Rezone and Conditional Use – Southfield Apartments Expansion
Rezone and Conditional Use: 6955 S. 13th Street
Conditional Use: 6871 & 6883 S. 13th Street
Tax Key Nos.: 736-9000-9004, 736-9000-9003, & 736-8998-001
Mr. Jeff Fortin, Planner, explained to the Commission the applicant was returning from the April 12, 2005 meeting where the Plan Commission expressed concerns about the density of the project and asked the applicant to show how the property would be developed without a conditional use. The applicant has prepared a plan showing how they would layout the development using only 4-family buildings.
Commissioner Grabowski questioned if there have been discussions with the neighbors in regards to providing a landscape buffer. Mr. Mark Wimmer has met with the neighbor who had concerns and they will provide screening with the backsides of buildings and have offered to provide fencing or additional landscaping as necessary. The landscaping plan at this point is only conceptual and changes can be made to accommodate the neighbors as necessary.
Commissioner Dickmann was not happy with the plan presented with the same number of units and the layout. Mr. Wimmer was trying to show that he could have the same number of units without the conditional use but this was not the plan he would like use. The plan presented is just to demonstrate they were not adding to the number of units with the conditional use but trying to organize the site better and provide a higher quality project. The open space requirements will be doubled and the amenities package and upscale buildings will make for a better site plan.
Mayor Bolender expressed concern for the total number of people and cars that would be brought to the area.
Commissioner Dickmann commented they were not preserving the wetlands; the wetlands are required to be preserved by law. If you take out the wetlands there are too many units on the space that is left.
Mayor Bolender stated they cannot use the wetlands as part of the equation for 66 % open space. Mr. Wimmer brought it to the attention of Mayor Bolender that the zoning code does allow for that calculation. If the wetlands are removed they would still be able to meet the 33 % requirement of the Code. The clustering of the units allows for the addition of the clubhouse and other amenities and will raise the value of the property and the existing apartment buildings.
Commissioner Correll again stated that without the clustering the pool and the clubhouse would have to be eliminated and the Commission would like to see some units eliminated to keep the clubhouse and pool.
Mayor Bolender would like to see fewer buildings on the site. Mr. Wimmer would not be able to lose buildings and still have the economics to build the project. This project is providing the City with property taxes and an analysis has been done in terms of the property tax benefit which is well in excess of $175,000.00. Impact fees that will be paid on this project including library, fire and police well in excess of $117,000.00 range. The school portion of the taxes is approximately $85,000.00. With 72 units there would be, based on the existing number of children in this type of a project, there would be approximately 12 children of school age for the project.
Alderwoman Lampe questioned if rezoning was needed on the Rs-4 to multi-family for the project to move forward. Mr. Fortin explained if the rezoning did not happen on the Rs-4 the project would have to be reconfigured and eliminate some buildings and shift the driveway. It could still be done it would just have less buildings.
Commissioner Foeckler questioned if the rezoning did not happen would the project lose 16 units. Mr. Wimmer commented that would not be a benefit to anyone. The existing home is small and surrounded by asphalt on the north and does not represent good planning and would not preserve any fabric of the neighborhood. The biggest benefit of the project is the additional access points for the existing apartments. All traffic is moved to a new boulevard entry where there is greater frontage to allow for a better street pattern and eliminate any emergency required access to Janet Drive.
Commissioner Foeckler suggested compromising on the number of units to be able to keep the open space between the existing residential properties and the development. Mr. Wimmer questioned what the needs of the neighbors would be regarding the buffering.
Commissioner Grabowski requested the developer to drop approximately 2 buildings. Mr. Wimmer explained they could do the development with the same number of units without the conditional use.
Commissioner Peterson expressed disappointment with Mr. Wimmer that he needed to be directed to speak with the neighbors to work out an arrangement. Mr. Wimmer explained there have not been any issues with the neighbors up to this point. The one neighbor first commented at the previous meeting and it was addressed immediately. Until a site plan is firmed up it is difficult to talk with the neighbors about buffering. The garages where purposely placed as a separation between the single-family homes and the apartments.
Mayor Bolender commented he would prefer to see a line of trees than the back of a garage. Mr. Wimmer replied there would be landscaping between the garages and the property line.
Mayor Bolender stated the rezoning is hanging on Mr. Wimmer’s willingness to come down on the density of project.
Mr. John Rybacki, 6903 S. 13th Street, expressed appreciation for Mr. Wimmer taking care of the problem with the pedestrian traffic on his property and at this time he had no issues with the complex. He would prefer to see the pool and clubhouse on site and the driveway to the north where it is currently shown on the site plan. If the rezoning is not granted the driveway to the project would be closer to the south and that would mean more traffic towards the existing homes. He would prefer to see a fence and some trees as a buffer to prevent the pedestrian traffic.
Mr. Wimmer would be willing to install a fence and some landscaping on the residential properties if they wanted a thicker buffer.
Commissioner Rolling questioned if there was adequate parking for the development. Mr. Wimmer explained there would be one interior stall for every unit and a total of 168 parking stalls with a combination of 72 garages and 96 surface stalls. That is a high range number for what they have experience at other projects. The lease provides for a maximum of two vehicles per residence.
Commissioner Dickmann questioned if this would be adequate for people who may have boats or other recreational type vehicles. Mr. Wimmer explained they are prohibited on the grounds by the lease. There is no storage of vehicles or working on vehicles allowed. There are marked visitor stalls throughout the site.
Mayor Bolender commented unless Mr. Wimmer was willing to work with the Commission on the density issue he would not be willing to rezone.
Commissioner Foeckler commented he would support the project if 8 units were eliminated. His rational for this thinking was that if they did not rezone he would lose two buildings. He did not want to see the driveway move south and would be willing to compromise. Give up eight units and create more open space behind the residential properties and the driveway can stay up to the north and you still have 64 units total.
Commissioner Dickmann felt the clubhouse should be made to stay to make it a complete package and not have that as the building that gets eliminated.
Mr. Rybacki expressed concern for the parking in the future when there was no parking allowed on 13th Street. Mr. Wimmer stated typically that is not a problem. They have not had a problem with residents parking on 13th Street and the design allows for additional parking for visitors adjoining each building.
Mayor Bolender directed the item held.
Plan Review – St. Matthew Church - Storage Building and Picnic Shelter
9303 S. Chicago Road
Tax Key No.: 869-9972
Mr. Jeff Fortin, Planner, explained to the Commission the applicant was returning to the Commission from the April 26, 2005 Plan Commission meeting where the Plan Commission held the item and asked the applicant to look into some alternatives to the metal siding for the shed plan.
Mr. Mark Zapp, St. Matthews Church, the new building will be a more traditional type garage with a hip style roof. There will be asphalt shingles on the roof and the siding would be a wood grain fiber cement type product. The pavilion will be a wood frame product with asphalt shingles.
Commissioner Siira questioned if the shelter would be done as a second phase. Mr. Zapp confirmed that it would be done in two phases with the shed first and then the shelter if the funding was available.
Mayor Bolender commented the quality of the building would be going up 100 % from a Menard’s type building. This building would fit into the neighborhood better and it does not look like a Menard’s building and will add to the church.
Commissioner Jackson suggested that windows be added to the building for natural light. Mr. Zapp commented it would be a security issue.
Commissioner Rolling motioned that the site and building plans for the storage building and picnic shelter be approved as submitted.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Sign Plan Review – Meineke Car Care Center
9300 S. 27th Street
Tax Key No.: 879-9006
Mr. Jeff Fortin, Planner, explained to the Commission the applicant was requesting approval of a wall sign for the new Meineke Car Care center located at 9300 S. 27th Street. The proposal is within the 27th Street Corridor Plan area and signs within the Planned Unit Development have previously been reviewed by the Plan Commission. The proposed sign will be placed on the west elevation of the north building on the property.
Commissioner Dickmann questioned what was happening with the monument sign. Mr. Fortin explained they are not proposing anything for the monument sign at this time and they would need to return to the Plan Commission if they wanted a monument sign.
Mr. Bruce Moore, SoLite Sign Company, explained the pole sign would be removed at this time and they may return at a later date with a monument sign.
Commissioner Correll motioned that the Plan Commission approve the sign as proposed, subject to the applicant bringing any future sign applications back to the Plan Commission for review and approval.
Commissioner Peterson seconds. Roll call, all voted aye. Motion carries.
Rezoning – Roman & Hedy Iwinski
10303 S. Chicago Road & 3961 E. Oakwood Road
Tax Key No.: 961-9999 & 962-9986
Mr. Jeff Fortin, Planner explained to the Commission the applicant was requesting that the properties at 3961 E. Oakwood Road and 10303 S. Chicago Road be rezoned from Rs-2, Single Family Residential & Rs-3, Single Family Residential to Rm-1, Multi-family Residential. The rezoning is to allow for the construction of a condominium development that tentatively would have 16 residential units in four (4) buildings.
Mr. Iwinski they thought it would be a good location for condominiums because there are not currently any within the area.
Commissioner Grabowski explained they did have a neighborhood meeting and that there are large areas within the community that have large condominium projects and it is unfortunate that some of these developments are not more spread out within the City. The neighbors are concerned there are too many buildings on the site plan for this area. The neighbors would like to see other residential homes or small businesses.
Mayor Bolender commented the density was too large and he would like to see a neighborhood business in this location and would not change the Comprehensive Plan on this site.
Commissioner Correll did not see the benefit to the City to make the change on this property.
Ms. Kathy Casey, 4110 E. Barton Oaks Court expressed concern for the business zoning on the property and the other commercial properties in the area sitting empty. Mayor Bolender explained the Comprehensive Plan calls for businesses in the future. It would be an ideal spot when the power company comes in and condos do not appeal to this Commission.
Commissioner Grabowski questioned what could go on this site that would be suitable to the Comprehensive Plan. Mr. Fortin, a small scale B-1 zoning business would fit nicely such as a dental office or a convenience store. A B-4 zoning would not fit with the neighborhood.
Mr. Jeff Keohn and his neighbors would like to see the property stay residential.
Commissioner Dickmann motioned to recommend to the Common Council that the rezoning not be approved because it does not fit in with the Comprehensive Plan for the City of Oak Creek.
Commissioner Siira seconds. Roll call, all voted aye. Motion carries.
Certified Survey Map – John Gonis
7028 & 7050 S. 27th Street & 2414, 2436, 2508, 2258, 2602 W. Rawson Avenue
Tax Key Nos.: 737-9012, 737-9013, 737-9983, 737-9982, 737-9981, 737-9980, & 737-9010
Mr. Jeff Fortin, Planner, explained to the Commission the applicant was requesting approval of a certified survey map that will join seven parcels on S. 27th Street and W. Rawson Avenue into one (1) 10.6 acre parcel. It would be done to accommodate the future construction of a new dental clinic.
Commissioner Siira questioned if the access point onto Rawson was consistent with the conceptual site plan that was presented to the Commission about a year earlier because there is no access onto 27th Street. Mr. Steve Bruskowitz, Marioner Land Corporation & Losik Engineering and Design Group, there would be a 22 foot wide access to 27th Street which would be a right in and a right out and the D.O.T. has been contacted and is in agreement with the access onto Rawson Avenue.
Mr. Aaron Johnson, 2330 W. Rawson Avenue, questioned if this project fell into the 27th Street sub-area plan and how would the proposed clinic fit into that plan. Commissioner Foeckler explained it was a large format commercial area according to the 27th Street Plan. This may be debatable but this is a non-traditional large dental office. Mr. Bruskowitz stated there would be a large dental clinic and may also be one or two professional office buildings attached.
Mr. Duane Fiat, 7018 S. 27th Street, borders the north property line of the Gonis property on 27th Street. Mr. Fiat questioned the necessity of the 22 foot wide access location when they have a 45 foot access on Rawson Avenue. Mr. Bruskowitz explained it would help ease the traffic on Rawson Avenue and give a limited amount of vehicles access onto 27th Street.
Mr. Fiat expressed concern for the driveway being close to his home.
Mr. Fortin explained it would be difficult to get into the details of the driveway location until the site plan was submitted for the project.
Commissioner Siira questioned if there was any offset to the 22 foot dimension or was it all going to be asphalt. Mr. Bruskowitz explained it would meet the setbacks for the code but the specifics could not be determined at this time.
Mayor Bolender stated he would like to see a buffer between the driveway and the residential home.
Commissioner Jackson assumed there would be a 10 to 12 foot lane within the 22 feet with a right out only. Mr. Bruskowitz would work that out with the site plan.
Mr. George Taylor, 7008 S. 27th Street expressed concern with the memorandum of understanding and the shared driveway with Mr. Gonis and Mr. Fait blocking off Mr. Fait’s driveway. Mr. Fortin explained the memorandum of understanding leaves a provision that allows for the residential properties to have shared access with Mr. Gonis if in the future they become commercial. It will not impact the current residential homes.
Commissioner Foeckler explained that the theory of the access existing is a good thing for the properties if they choose to develop them commercially because they would have access to 27th Street.
Commissioner Siira motioned that the Plan Commission recommend that the Common Council approve the certified survey map for the properties at 7028 & 7050 S. 27th Street & 2414, 2436, 2508, 2528, & 2602 W. Rawson Avenue, subject to the following conditions:
1. That any technical corrections are made prior to recording.
2. That a development agreement be entered into between the owner and the City to specify the responsibility for, and the timing of public improvements.
Commissioner Rolling seconds. Roll call, all voted aye. Motion carries.
Certified Survey Map – Mc Adams Graphics
7200 S. 1st Street & 7135, 7245, & 7261 S. Howell Avenue
Tax Key No.: 765-9986, 765-9038, 765-9985-001 & 765-9999-002
Mr. Jeff Fortin, Planner explained to the Commission the applicant was requesting approval of a certified survey map that will join four (4) parcels into one 12.5 acre parcel in the M-1 (PUD), Manufacturing zoning district. It is being requested to accommodate a future expansion of the McAdams Graphics printing facility. The newly created parcel meets all of the dimensional requirements of the M-1 zoning district.
Ms. Carol Grundy questioned if they were expanding the current building. Mr. Fortin confirmed that was the future plan.
Commissioner Dickmann motioned that the Plan Commission recommend that the Common Council approve the certified survey map for the properties at 7200 S. 1st Street & 7135, 7245, & 7261 S. Howell Avenue subject to any technical corrections being made prior to recording.
Commissioner Grabowski seconds.
Mr. Arden Degner questioned if the sidewalks for the property would be required at this time. Commissioner Jackson would prefer the public improvements be done with the development agreement.
Roll call, all voted aye. Motion carries.
Preliminary Plat – Belmont Grove Subdivision
8455 S. Pennsylvania Avenue
Tax Key No.: 825-9018
Mr. Jeff Fortin, Planner, explained to the Commission the applicant was requesting preliminary plat approval for the Belmont Grove Subdivision. The proposed subdivision would create twelve (12) lots in the Rs-2, Single Family Residential zoning district.
Alderwoman Grabowski commended the developer on the size of the lots and questioned the approximate price of the lots and approximately the cost of the homes. Mr. Peter Shepard, Dillon Group, was trying to raise the bar a little and would have berming along Pennsylvania Avenue and stone pillars at the entry way. The lot costs will range any where from $80,000 to $90,000 and some in the $100,000 range.
Commissioner Peterson questioned when the floodplain plans may be approved. Commissioner Jackson thought it may be sometime around July of this year.
Mr. Brad Schwanda, 2009 E. Forest Hill Avenue, questioned the number of lots in the subdivision because he had a map with only eleven lots. Mr. Fortin clarified that the original approval was for twelve lots.
Mr. Schwanda expressed concern for the water that may come on his property from this subdivision. Mr. Fortin explained the water would be kept on the site.
Mr. Mike Doble, Landcraft Engineering, gave a history of the project and current updates to the retention pond.
Commissioner Grabowski questioned if the water would affect the property behind the subdivision. Mr. Doble explained they would not be adding to any problems that currently exist but they may make it better because of the stormwater requirements within the City.
Ms. Carol Grundy, 9160 S. Nicholson Road, questioned if the pond was currently on the site and wanted the Commission to ensure that Mr. Schwanda was in on the working of the plan to ensure that he was not affected by the subdivision.
Alderwoman Lampe questioned how they would be handling the stormwater from the William Ryan subdivision. Mr. Doble explained they have taken the drainageway and put it into a drainage easement that naturally flows past the Belmont site.
Mr. Jeff Vronica, 2115 Forest Hill, requested an easement for a house or driveway between lots 5 and 6 to allow for a home to be built on his property on Forest Hill. He would like to get the sewer and water and electric from the subdivision. Commissioner Foeckler explained it could not be done off of the cul-de-sac.
Commissioner Dickmann motioned that the Plan Commission approve the preliminary plat for the Belmont Grove Subdivision subject to the following conditions:
1. That a corrected copy of the preliminary plat be submitted to staff prior to the creation of the development agreement.
2. That no permits are issued until the new floodplain zoning is approved.
3. That a development agreement be entered into between the owner and the City to specify the responsibility for and the timing of public improvements.
4. That grading, drainage and stormwater management plans are approved by the City Engineer.
5. Any technical corrections are made prior to final plat submittal.
6. That the applicant designates the cul-de-sac island as an outlot to be owned and maintained by the homeowner’s association prior to creation of the development agreement.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Zoning Text Amendment – Accessory Uses
Mr. Jeff Fortin, Planner, explained to the Commission staff was requesting a zoning text amendment to Section 17.0501 of the Zoning Ordinance. Under the revised ordinance, property owners requesting accessory use approvals would be required to keep all accessory uses on the same parcel as the principal use or join the adjacent parcel(s) by Certified Survey Map.
Commissioner Peterson motioned the Plan Commission recommend to the Common Council the zoning text amendment to Section 17.0501 of the Zoning Ordinance to now state “Accessory uses and structures are those that are usually and customarily incidental to the principal use that is located on the same property as the accessory use or structure.”
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Zoning Text Amendment – Changing the maximum height for fences in residential districts.
Mr. Jeff Fortin, Planner, explained to the Plan Commission at the request of Alderwoman Grabowski, staff has drafted on ordinance that will create Section 17.0502 of the City’s Zoning Ordinance. The ordinance change would still allow fences in the side and rear yards of residential districts, but would limit fences in the side yard to a maximum height of four (4) feet. Fences up to four (4) feet in height in the rear yard could be constructed up to the property line. However, rear yard fences in excess of four (4) feet would be required to be setback a minimum of ten (10) feet from the side and rear property lines. In addition, residential fences in the side, rear, and street side yards would have to maintain a maximum opacity of 67 percent, meaning that 33 percent of the fence would need to be open space between the boards.
Commissioner Grabowski explained the reasoning behind presenting the ordinance change to the Commission. She would like to see a more aesthetically pleasing appearance within the City. Subdivisions are having trouble enforcing deed restrictions that are allowed by the City ordinance.
Commissioner Rolling commented she was not a fan of fences because they chop up the area and supports the concept in general. She did question if the City attorney drafted the ordinance change. Mr. Fortin stated the change was drafted by staff because it was a minor change but, if it was forwarded to Council it would be put in ordinance form and the City Attorney would get the final say on the official wording of the ordinance.
Mr. Arden Degner, 8540 S. Pennsylvania Avenue, commented prior to the development of the Country Creek subdivision he contemplated putting in a fence. The reason he has a six foot fence is to prevent the neighborhood dogs from coming in his yard. He was thankful he was able to erect a six foot fence.
Commissioner Dickmann spoke of the older subdivisions with the smaller lots and there may be a need for a six foot fence and the smaller lots would be at a disadvantage with the proposed ordinance.
Commissioner Correll commented the restrictions will not work for every neighborhood. What may not look good in a subdivision may be necessary in some neighborhoods. Some of the existing neighborhoods have the larger lots and can accommodate the taller fence and look just fine.
Commissioner Peterson opposed the height restrictions on the proposed ordinance.
Commissioner Grabowski explained they have looked at the height and the problems with dogs and other similar types of problems. The big concern is that as more people want privacy many residences don’t want to go with just bushes as an option. At some point this will come back before the Commission if there is not support at this time.
Commissioner Correll questioned if fences are popping up every where it should tell the Commission that people like and want fences.
Mayor Bolender explained in his opinion this is property owners rights and property owners have the right to do what they want on their property. If the subdivision has small lots it should be addressed in the subdivision restrictions. It was his feeling this should not be applied to the entire City.
Alderwoman Lampe questioned where the ten foot setback came from. Mr. Fortin explained it was based on a different ordinance.
Commissioner Peterson suggested if the fences where going to be discussed it should be looked at more closely as to the types of fences that would also be allowed and not just the height of the fence.
Mayor Bolender directed the item to be filed.
Commissioner Foeckler motioned to adjourn. Commissioner Grabowski seconds. Roll call, all voted aye. Meeting adjourned at 10:12 p.m.