Non-complying

fence referred to

Safety Commission

Council denies Webb conditional use permit

By KEVIN SWEENEY

Journal Editor

NEW ULM -- In a long meeting that included approving a development agreement for a 49-unit apartment building and plat approvals for the Marktplatz Mall condominium project, the New Ulm City Council spent most of its time Tuesday saying no to a neighborhood fence and to a family's request to divide a residential lot.

The City Council went against a New Ulm Planning Commission recommendation to grant Robert Webb a conditional use permit to keep a new fence that was built in the wrong place in a misunderstanding with city officials. The council denied the permit and referred the question of what happens now to the fence to the New Ulm Safety Commission.

Webb told the council he had sought a permit in March for the backyard fence for his corner lot at 224 S. State St. When told his plans didn't meet the city fence ordinance, Webb said city building inspector Al Gag came to his home and showed him where the fence should go.

Somewhere, there was a misunderstanding. Webb said he put his fence where Gag said he should, which is much too close to the sidewalk and the alley, according to the city ordinance. Gag has denied telling Webb to put his fence where it is.

Webb said he was also told by city staff that he and a neighbor could get one building permit to cover both a common fence they were building between their yards, and the fence Webb planned to build. The neighbor, however, forgot to mention Webb's fence when he got the permit.

While neighbors think the fence is an attractive addition to the neighborhood, city staff think it cuts off sight lines for traffic coming through the alley, and should be moved.

While the Planning Commission favored allowing Webb to keep his fence as long as no neighbors complained, the council didn't think the non-conforming fence should be granted a conditional use permit.

Councilor Ruth Ann Webster made a motion to deny the permit, but councilors didn't think Webb should have to tear out the fence immediately. Webster added to her motion that the Safety Commission should meet with Webb and city staff to see if a compromise could be reached.

Only Councilor Clark Tuttle said he didn't think the fence posed any kind of safety problem. He said the problem lies within the city's fence ordinance, which was passed in 1997. Tuttle said it may be time to revisit the ordinance and change the problems revealed by Webb's situation.

The council passed Webster's motion 4-1, with Tuttle opposing it.

Lot division

The council spent a lot of time looking at the simple lot division proposed by Margaret Nonnemacher, who wants to divide a lot the family owns at 805 S. Franklin to sell off the house at 805.

The lot is part of two at the corner that over the years have been divided one way, then the other to build a garage at 819 Eighth South St., then to build the house at 805. The house, occupied by the Nonnemacher's daughter Nan, is on the front of the lot, the garage is on the back of the lot she occupies, but the garage is owned by the parents at 819, and they want the garage to stay with their house.

Dividing the lot would make the lot at 805 too small to meet city ordinance, and it would create access problems that the city Planning Commission and the City Council want to prevent.

The complicated "simple lot division" proposal was turned down, and the Nonnemachers were advised to seek some other alternative, perhaps selling the house at 805 with the condition that the Nonnemacher parents on 8th South would continue to use the garage.

* In other business, the council approved plats for two projects. The first is at 1010 to 1022 Cottonwood street and would allow the creation of one big lot out of four lots to create a common townhouse development.

The other would allow the owner of the Marktplatz Mall to divide the mall into apartments. The city is still working out a development agreement with the owner, Robert Petroff.

* The council approved a recommendation from the Airport Advisory Commission to relocate the proposed crosswind runway, now planned to be toward the north end of the current runway. Because developments in the area are impinging on the proposed runway, the commission recommended moving it to the current turf crosswind runway location, out of the way of development. The city council authorized staff to begin working on the proposals and necessary zonings.

* The council authorized the Public Utilities Commission to build a small structure over a gas regulation valve at Center and Valley streets as a temporary noise reduction solution while the PUC considers a permanent solution to the problem the valve causes, such as relocating the valve. The valve is part of the new connection to the Hutchinson Natural Gas pipeline the PUC built this past year.

* The council approved the renaming of portions of 18th South Street and South Washington Street as they lead toward the August Schell brewery to "Schell's Road."

* The council approved the vacation of an easement area in the Airport Industrial Park to allow Medallion Cabinetry to build its plant and possible expansion.

* The council approved an assessment agreement and development agreement for the development of the Skyline Terrace Housing Project, a 49-unit apartment project. The project will be part of the city's Tax Increment Finance district. The city will provide annual TIF payments as needed to help the developer maintain a 1.25 debt service ratio. If the project is able to meet that ratio itself, the city would not have to make a payment.

* The council heard the first reading of an ordinance to amend the city's code requiring dogs and cats in city parks to be on leashes. The change would extend the rule to any city trails, such as the new bike trail, and other city property.