|
 Afterward, aldermen discussed the situation, and many felt that
the ordinance was needed, but would have preferred it stay on the
table until some of the issues with the ordinance could be discussed
further.
At that time, the primary objection to the ordinance was the setback
rule for fences on corner lots. Building and Safety Officer John
Lebegue explained that creating the rule specific to fences was to
the advantage of most residents, because otherwise the general rule
for accessory structures included a 25-foot setback. However, for
Michelle Bauer, in particular, the five-foot rule was still an
issue. She noted that in Ward Two, there are many small back yards,
and many that are on corner lots due to the unusual configuration of
the city streets. She used a home on a corner lot on Union Street as
an example and said that a five-foot setback would leave the
homeowner with practically no back yard at all.
Another concern was how the ordinance would affect business owners
in the industrial zones of the city where residential zones are
within 300 feet, and the business uses its front yard area for
material storage. The key part of the ordinance is that the
industrial zone is within 300 feet of a residential zone. It was
explained that there are not a lot of businesses that will be
affected by the new rule, but the ones that are affected will be
mandated to build fences. Lebegue had explained last week, as well
as the week prior that he knew fences were expensive and that
businesses owners would need time to work a fence project into their
budget. He said he would be lenient in the amount of time the
businesses could have to comply with the new ordinance.
 Last week, aldermen agreed that the ordinance should have a specific
timeline for those businesses, and requested that the appropriate
language be added. With that change, the ordinance was then eligible
to come back before the council for a second attempt at passing.
This week, the council was informed that the changes had been made,
and the ordinance was ready to go back on the voting agenda.
However, Bauer said she still had issues with the five-foot setback.
She said she had received numerous calls and emails about this part
of the ordinance. One question she had was, who decided on five
foot, and why?
Lebegue said the five foot was established to bring consistency to
the rules because there is already a five-foot rule in city code for
fences along alleyways.
Bauer told the alderman that since this issue has come up, she has
driven every alley in her ward, and the large majority of them do
not comply with the five-foot setback. She said she understood that
homeowners were able to get exemptions from the rule and that it
appeared to her that almost everyone who had a fence had done so.
She said that for the five-foot rule to now be enforced as the
standard would, first of all, mean that along the alleyways the
fence lines would be jutting in and out.
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Bauer also said she understood the desire to have consistency in the rules, but
her question was still why five foot? Could it be less, could it be three foot?
She asked Walt Landers of the city street department if his crew could do their
snow plowing and such with a three-foot setback. Landers commented quickly that
“three feet is better than six inches,” which he said is what his crews
encounter most of the time when snowplowing in that ward.
Fire Chief Mark Miller was asked if his large fire apparatus could get down an
alley with a three-foot setback on the fences. Miller said that almost all the
time, his department does not take the large vehicles into alleys at all. He
said the roads were not designed to hold the weight of the big trucks, and there
were other considerations as well. For the emergency rescue pickup trucks, he
said the three-foot space would be sufficient.
The use of the alley for the Logan County Paramedics was also discussed because
those vehicles are wider than regular vehicles. It was noted that they are
possibly 10 feet wide. Mayor Pro Tem Marty Neitzel said the paved area of the
alley was 8 foot wide, adding three foot to each side would give the ambulance a
14-foot berth, so that should be okay.
Bauer also noted that she understood the safety concerns of not having a fence
butt up against a sidewalk, but again, she felt like three feet would be better
for the homeowners than five, and it would still make the sidewalk area safe for
bikes and pedestrians.
Jeff Hoinacki said he would be in favor of the three-foot setback and Neitzel
agreed. Todd Mourning also noted that if the city departments were comfortable
with it, he would support that as well. Mourning asked if that amendment could
be made so that the council could still vote on the ordinance at the Monday,
September 21 meeting. He was told that it could.
The item is expected to be on the voting agenda next week with the two changes;
one creating a time limit of one year for businesses to comply with the
mandatory fencing, and the second being a change in the setback for corner lots
as well as alleys to three feet.
[Nila Smith]
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