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PUBLIC HEARING (continued) LEI Item No. 2 (continued) Mayor Biagi left the chair for the purpose of making an amendment to the motion and handed the gavel to Councilman Leipzig. AMENDMENT: Biagi/Bury that the Planning Commission and Planning Department staff look into regulations relating to sideyard fences with a view toward reviewing them and possibly recommending changes if it is determined the 15-foot setback is not justified. AMENDMENT WITHDRAWN: At the suggestion of City Attorney Schricker that the motion and amendment be considered separately, Mayor Biagi withdrew his amendment. Mayor Biagi returned to the chair. Attention was called to the former Ordinance Review Committee of three Council members who reviewed ordinances and recommended changes from time to time, and it was suggested such a committee might be reestablished. Councilman Chandler stated for the record that recently Council upheld the denial of the Zoning Administrator of an identical application for variance, and the property owners altered their plans and were able to construct a fence more consistent with the objectives which prompted adoption of the fence regulations. (NOTE: See Minute Order #81-17, 1/26/81) City Attorney Schricker called attention to evidence that the fence is in the public right-of-way, and City Manager Fales observed that if it is approved, an encroachment permit could be granted. The motion failed on the following roll call vote: Ayes: Councilmen Britschgi, Leipzig and Vice Mayor Stengel Noes: Councilmen Bury, Chandler, Rhodes and Mayor Biagi MINUTE ORDER NO. 81-131 CLARIFICATION: Mayor Biagi wished to clarify his "No" vote, stating that he opposes construction of a six-foot fence beside the sidewalk, but might approve a fence with less than a 15-foot setback and for that reason wishes to have the ordinance reviewed. Mayor Biagi left the chair for the purpose of making a motion and handed the gavel to Councilman Leipzig. • M/S: Biagi/Rhodes that the Planning Commission and Planning Department staff review the zoning regulations pertaining to fences with regard to sideyard corner lots only to determine if some adjustment to the requirements might be justified. In response to questions, Mr. Schricker advised that in the absence of a permit for the subject fence, the fence is illegal, and the property owner cannot make the same application for variance again for one year. However, Mr. Schricker advised that the appellant could make application proposing a different fence with different location and configuration which is not directly in conflict with the ordinance. DEFINITION: In response to request by Councilman Chandler, Mayor Biagi stated that by "sideyard" he means the side of the property which does not carry the street address. The motion carried unanimously by voice vote. MINUTE ORDER NO. 81-132 IWO Reg.Mtg. 7/27/81 Page 4 - 1 fIf 1