City Council Minutes 2006 03 07 - Laserfiche WebLink

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City Council Meeting Minutes March 7, 2006 Page 4 of 16 Damond Devincenzi, 1001 Rex Street, Louisville, CO asked for clarification on the fence height adjustment and setbacks. Tom Rafferty, 945 Rex Street, Louisville, CO asked if the restrictions to the properties are permanent. Claire Levy, 3172 Redstone Road, Boulder, CO Counsel for the Sawyers and Ehrmanns thanked Council for their time and consideration in this matter. She stated she would be available to respond to Council's questions. City Attorney Light clarified the settlement provides the fences will not exceed four feet and be of open lattice-type fence. Provisions also include non- expansion of the Floor Area Ratios (FAR). He confirmed the restriction to the properties will remain in perpetuity. COUNCIL COMMENT Council member Muckle asked for clarification the fences on private property could not exceed four feet. City Attorney Light clarified the fences parallel to the park would be four-feet open lattice-type fences. Council member Sackett stated the Council is acting in the best interest of the City. He reported the Council received legal advice from special counsel and a retired judge that the City may not prevail in a legal action. Council member Muckle added there were claims the City abandoned the right-of-way. Council member Yarnell requested further clarification on the fencing issue. City Attorney Light stated the City would have a right to put a boundary running north and south of the pedestrian corridor, and would not pay for any fencing of private lots. The fence on either side of the pedestrian path should be lower. The following language was added "the parties agree the City shall be allowed to fence the new right-of-way with a fence no higher than four-feet and would be of a single open-lattice type. There was further discussion relative to the fencing paralleling the Community Park and setbacks. Principal Planner Ken Johnstone outlined the downtown overlay district, which governed fences, front and rear yard setbacks. He noted there are several gray areas. Claire Levy stated her clients have agreed to the settlement and to the amendments to the settlement agreement. She noted the families currently have four-foot chain link fences and do not plan any expansions Council members Muckle and Yarnell stated their under standing of the fencing issue, which was not incorporated in the settlement agreement.