City Council Minutes 2006 02 21 - Laserfiche WebLink

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City Council Meeting Minutes February 21, 2006 Page 6 of 13 City Attorney Light stated setbacks and fencing would be subject to the City's zoning code requirements. Council member Muckle asked Planning Director Wood what the floor area ratios (FAR) are for Old Town Louisville. Planning Director Wood stated it would depend on the size of the lot. Mayor Sisk voiced his appreciation of the comments from the audience. He explained after the Council made a decision last year on the street right-of-way, the City was sued by the Sawyers and Ehrmanns and he noted they did not have any other choice. The City hired special counsel who proceeded to investigate the history of the property. The case was ordered to mediation, where Judge Briggs heard both sides of the arguments. After considerable discussion, the City's Special Counsel and Judge Briggs indicated the City might not be successful in Court. At that time a settlement compromise was negotiated. COUNCIL DISCUSION: Mayor Pro Tem Brown voiced his hope the neighborhood could come together and be respectful of the settlement agreement. Council member Muckle explained the mediation process was long and arduous. Council member Sackett did not favor the provision of a plaque on a bench in the community park, but voiced his support of the ordinance. Damond Devincenzi, 1001 Rex Street, Louisville, CO stated the document has a discrepancy in the height of fencing along the corridor. He stated his understanding the fencing could be up to 6-feet, and the setback could be 30-feet in the right-of-way. He feared the fencing would block the view corridors. City Attorney Light explained the agreement indicates the fencing on both sides of the properties could not exceed 6-feet. He stated that a vacation ordinance does not include entitlements to the property. Mayor Sisk asked the City Attorney if a counter proposal could be made, which stipulated the fencing be 4-foot in height, and regulated the expansion of size and heights of the existing homes. City Attorney Light confirmed a counter proposal could be made and could also be addressed in a quit claim deed. Mayor Sisk reviewed the options: The resolution could be approved, and the ordinance brought back with revisions or the resolution could also be continued. City Attorney Light confirmed the resolution could be approved and the ordinance revised to include the fencing and setbacks. Tom Rafferty, 945 Rex Street, Louisville, CO requested the fencing and setback requirement be permanently attached to the properties.