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Session 1799 <br />December 18, 2000 <br /> <br />bordered by three streets and a walk and if the property adjacent to his is to become his <br />property then he would like the City to relinquish it unconditionally. He asked the City <br />that he be allowed to impose a barrier, such as a fence, on his property line since he is <br />surrounded by public areas and he wishes to keep his private area private. He does <br />plan on maintaining the yard and making it a garden. He does not want it subject to <br />litter and trespassers who would be using the walkway. <br /> <br />Mr. Wagner asked Mr. Chapman about the fence he wished to build. Mr. Chapman <br />replied that he may not put it right on the edge but he definitely wants to put one up on <br />the vacated property, maybe a hedge on one side. Mr. Chapman, responding further to <br />Mr. Wagner, stated that from his property line, the vacated width is approximately 18 1/2 <br />feet. Then there is an additional 10' from that line to Shaftesbury. Mr. Chapman stated <br />that he would probably put a fence approximately 15' from the street. <br /> <br />Mr. Schoomer stated that once the land is vacated that a fence would be granted as <br />long as it meets code with out any further action needed by the Council. Mr. OIlendorff <br />replied that Mr. Chapman would be able to do whatever the zoning code allowed. <br /> <br />Mr. Wagner stated that the people who are interested in setting up a system of walking <br />trails are concerned with what happens to this because they feel that there will not be <br />enough width for a walkway and become an area full of fences. <br /> <br />Mary Kenyon, 954 Abbeville, stated that she supports the vacation only with <br />restrictions. The restrictions have to do with her concern for preservation of the <br />openness of this area. She expressed her concerns that this area would become an <br />alley, especially if other owners along this area decided to put up fences. She said that <br />Mr. Chapman has taken beautiful care of the property that he would be getting. She <br />said that right now this area is being used as a greenspace and walkway. <br /> <br />Mr. Munkel clarified that the City would be maintaining a 10' area parallel with <br />Shaftesbury for a two block length and the rest of the property would be vacated as <br />excess right of way. When this is done, the property owners can build fences which <br />meets our code. There will be no barriers on the 10' we retain. Mr. Ollendorff said he <br />was correct. <br /> <br />Mr. Schoomer does not believe we have the right to impose any restrictions or <br />conditions on this vacation. Mr. Ollendorff agreed and stated that the Council could not <br />put any restrictions or conditions on a vacation. You either vacate or don't vacate. He <br />wanted to make it clear that a fence was not prohibited or automatically approved. It <br />would have to meet the zoning ordinance. <br /> <br />4 <br /> <br /> <br />