Friday, Oct. 1, 2004

S. State homeowner gets to keep fence

By KEVIN SWEENEY

Journal Editor

NEW ULM -- The New Ulm Planning Commission will allow a homeowner to keep a new fence that was built in the wrong place in an apparent misunderstanding with the city inspection office.

Bob Webb, of 224 S. State, was granted a conditional use permit to keep the fence he had built around his back yard, even though it is too close to the sidewalk on Third South and too close to the alley.

Webb told the Planning Commission he had sought a permit for the fence. When he was told the fence plans didn't comply, Al Gag from the city inspector's office came to his house. Webb said Gag showed him where he could put the fence, and he said he used that recommendation.

Webb also said he was told he and his neighbor, who was building a common fence with Webb, could get both fences covered by one building permit. When his neighbor went to get the permit, however, he forgot to mention Webb's fence.

Webb's fence is 6 inches from the sidewalk on Third Street when by city ordinance it should be 10 feet from the sidewalk. The fence is 3 feet from the alley, when it should be 5 feet.

Gag disputed Webb's contention that he told him to put the fence in the wrong place, or that the city receptionist would have misled him on the permit issue.

Commission members declined to argue about that issue, saying there had clearly been some misunderstandings. They agreed that the fence could stay where it was, provided there were no complaints about it, and asked for a review of the process of informing people of the fence requirements contained in city ordinance.

The commission's recommendation will go to the New Ulm City Council for final approval.

In other business, the commission turned down a request for a simple lot division of two lots on 8th South and South Franklin. Margaret Nonnemacher is asking that the lot lines be redrawn to allow the half lot at 805 South Franklin to be sold.

There are three houses and one garage on the two lots. Dividing the property as Nonnemacher is asking would make the interior lot at 805 S. Franklin too small to meet the city's minimum size of 6,000 square feet.

After looking over the layout of the buildings and the property, the commission and the landowners could not come up with a mutually agreeable division of the property, and the commission recommended the city council deny the lot division.

The commission also approved the preliminary plat of Scheider's Second Addition, from 1210 to 1426 Oak Street and 1221 to 1327 Oak Street. It also approved the preliminary plat of the Kletcher First Addition at 1917 to 1927 N. Broadway to allow the land to be divided for storage buildings.