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X26 <br /> PUBLIC HEARING (continued) <br /> Item No. 2 (continued) OUR <br /> Dori Sapsin, 195 Alameda, observed that she believes the traditional <br /> role of government is to provide for security and privacy of citizens Mai <br /> and that regulations and ordinances should not prevent people from <br /> exercising their rights, if they do not construct something detrimental <br /> to the neighborhood. Mrs. Sapsin suggested more flexibility is needed <br /> in the fence ordinance, stating the subject fence is desirable. <br /> Minnie Lou Nelson, 330 Edgewood Road, said that the subject property was <br /> in poor condition and has been much improved by Dr. Beugelmans. Mrs. <br /> Nelson suggested that a City ordinance should not deny him the privacy <br /> which would be afforded by a six-foot fence. <br /> Edward Feinberg, 168 Finger Avenue, asked if it might be possible to <br /> allow Dr. Beugelmans to keep the fence since it is already constructed <br /> and requires him to include vegetation beside it. <br /> Holger Nelson, 330 Edgewood Road, said he is in favor of permitting the <br /> subject fence, stating many properties in the area have similar fences <br /> and that it adds to the neighborhood. In response to question as to <br /> whether a fence ordinance is necessary for the general appearance of the <br /> City, Mr. Nelson agreed that an ordinance is needed, but urged that it <br /> be more flexible and that neighbors be permitted to approve what is <br /> proposed. <br /> Len Bialer, real estate broker, stated that there are many nonconforming <br /> fences in the City and that the Planning Department cannot take care of <br /> correcting enough of them. Mr. Bialer suggested that since six-foot <br /> shrubbery is allowed, fences of that height should be permitted also. <br /> Lou Byrne, 180 Oakdale, neighbor across the street from proposed fence, <br /> said that it obstructs nothing and gives the property owner full use of <br /> his yard, suggesting it is an improvement to the neighborhood. Mr. <br /> Byrne recommended changing the fence ordinance to remove restrictions on <br /> sideyard setbacks. <br /> Sylvia Gadient, 320 Edgewood, said she appreciates that the Zoning <br /> Administrator must make his ruling in accordance with the requirements <br /> of the fence ordinance, but suggested the subject fence enhances the <br /> property and provides needed security. <br /> Paul Sapsin (see above) reported conversations with policemen regarding <br /> his property and recommended a change in the ordinance to allow a <br /> six-foot fence without sideyard setback. <br /> . Discussion continued and Dr. Beugelmans, Mr. Schroeter and Mr. Fales <br /> commented and replied to questions regarding gunfire at the house; <br /> whether any compromise would be possible and satisfactory to the <br /> appellant; the requirement that staff administer the law; and the fact <br /> that the fence is not in front of the house. <br /> { Mayor Biagi invited anyone else present who wished to speak to do so. <br /> No one wished to speak. <br /> M/S: Britschgi/Bury to close the public hearing. <br /> Carried unanimously by voice vote and public hearing closed at <br /> 8:28 p.m. <br /> M/S: Britschgi/Stangel to reverse the decision of the Zoning <br /> Administrator and grant the application for Variance in that there are <br /> special circumstances, because without the fence the yard would have no <br /> privacy and because the fence would not be detrimental to drivers in the <br /> neighborhood as it does not interfere with or obstruct the view of <br /> traffic from Edgewood Drive or from Oakdale Street. <br /> Reg.Mtg. own <br /> 7/27/81 <br /> Page 3 +war <br />