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HomeMy WebLinkAbout10.06.2003• • APPEAL HEARING October 6, 2003 4:45 p.m. Council Chambers Mayor Pro Tem Getty called the meeting to order at 5:00 p.m. Members present: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Moved by Jordan, seconded by Clark that the Agenda, as proposed, be approved. Ayes: Seven. Motion carried. Mayor Pro Tem Getty stated that the hearing was being held to hear the appeal of Roxanne Galvez on the setback of the fence located at 525 Rock Island. Barry Stratton, Code Enforcement, presented photographs of the side yard and front yard of the property located at 525 Rock Island. Mr. Stratton reported that the fence is on city right-of-way, and the ordinance requires the fence to be set back 30 feet from the center of the street. In the front yard, the fence needs to be moved three to four feet toward the house and on the side yard the fence needs to be moved six to eight feet toward the house. Mr. Stratton reported that the ordinance requires that the fence only be four feet high in a front yard and requires triangulation of 20 feet on a corner lot. Mr. Stratton explained that if the fence is under four feet, the property owner does not need to get a permit from the city. Mr. Stratton stated he was contacted by Engineering Department staff who noticed the fence while working in the area. The main concern is the fence is located in city right-of-way. Jim Walsh, City Attorney, reported that under the Waterloo Code of Ordinances, the property owner who is ordered to abate a nuisance or condition may request a hearing before the council. At the conclusion of the hearing, the council must make a decision as to whether a nuisance exists. If a nuisance is found to exist, the council can order that it be abated within a reasonable time. James Hall appeared as counsel for Roxanne Galvez. Mr. Hall stated that Ms. Galvez took a good faith step and contacted the city to find out if she could put up a fence. The fence is four feet, with the post at about 4 feet 7 inches. Mr. Hall reported Doug from Building Inspection told Ms. Galvez that if the fence is four feet she would not need a permit and just needed to call the 1-800 hotline and could then put up her fence. Mr. Hall stated when Ms. Galvez received the notice from Code Enforcement that she was out of compliance, she got two different stories as to how far the fence needed to be from the center of the street. Councilperson Getty stated this happened in his neighborhood and all the property owners had to remove their fences. The fence has to be on the owner's side of the sidewalk if there is a sidewalk. Mr. Hall stated Ms. Galvez feels she was given the wrong information and she relied on that information. Ms. Galvez will incur additional cost to move the fence. Mr. Hall stated Ms. Galvez is prepared to go to District Court. The fence was put up in August, and she contacted the city in August about putting up the fence. Ms. Galvez spoke with Judy in the Building Inspection Department and also Doug in the Building Inspection Department who explained that a four foot fence would be alright. Councilperson Getty stated that the issue is not the height of the fence, but that the four foot fence has to be on her property not on city right-of-way. Ms. Galvez stated that the posts are in concrete. Ms. Galvez stated when Code Enforcement left the citation, she contacted the city and was told to go to City Hall to get a diagram, but the city staff did not tell her about the fence being on the city's right-of-way. Mr. Walsh stated that everyone in the professional fence business would know that the fence could not be placed on city right-of-way and so would the employees if they had been asked. Mr. Walsh stated Ms. Galvez will have to move the fence off the city's right-of-way. Appeal Hearing October 6, 2003 Page 2 Mr. Stratton explained that no citation has been issued, but Ms. Galvez did receive a Notice of Violation. It was moved by Hurley, seconded by Kincaid that the meeting be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. Moved by Jordan, seconded by Clark that the Notice of Violation written by Code Enforcement be affirmed, and Ms. Galvez must have the fence removed from city right-of-way by May 1, 2004. Ayes: Seven. Motion carried. With no further business before the council, it was moved by Hurley, seconded by Welper that the meeting be adjourned at 5:20 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk