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RESOLUTION 96-96
RESOLUTION DENYING AN AMENDMENT TO THE ZONING ORDINANCE TO
PERMIT FENCES IN COUNTY HIGHWAY RIGHT-OF-WAY
MOTION BY: Kedrowski SECOND BY: Schenck
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the Prior Lake Planning Commission conducted a public hearing on August
12, 1996, to consider a request to amend the Zoning Ordinance to permit
fences in County highway right-of-way.
legal notice of the public hearing was duly published in accordance with
Minnesota Statutes and Prior Lake City Code; and
on August 12, 1996, the Planning Commission conducted a public hearing
for those interested in the issue of whether fences should be permitted in the
County right-of-way to present their views on the request to amend the
Zoning Ordinance; and
on August 12, 1996, the Planning Commission recommended denial of the
proposed ordinance amendment; and
on September 3, 1996, the Prior Lake City Council considered the
application to amend the Zoning Ordinance to permit fences in the County
right-of-way; and
the City Council received the recommendation of the Planning Commission
to deny the proposed amendment along with the staff reports and the
minutes of the Planning Commission meeting; and
the City Council has carefully considered the testimony, staff reports and
other pertinent information contained in the record of decision of this case.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that the proposed amendment to the Zoning Ordinance to permit fences in the
County Highway right-of-way is hereby denied based upon the following findings of fact.
FINDINGS OF FACT
1. The use of public land should be reserved for public purposes and should not be available to
individuals or small groups to use and enjoy, while denying use to the general public. There
is no public purpose served by allowing individuals to place fences in the right-of-way.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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2. The City may have liability exposure by allowing private use of the public right-of-way.
3. Private use of the public right-of-way interferes with the public functions of the right-of-
way, including the placement of utilities, public signage, and pedestrian facilities for the
benefit of the general public, and snow storage.
4. Private use of the public right-of-way compromises the safety of those using the public
streets in that it may obstruct traffic, confuse motorists, block views, or otherwise act as an
impediment or hazard to traffic.
5. Fences within the public right-of-way can create an obstacle to City maintenance and public
safety personnel who might need access to the public property.
6. Maintenance of a private fence on the public right-of-way may become an issue concerning
responsibility for maintaining the fence. The City should not maintain private property.
Passed and adopted this 16th day of September, 1996.
YES
NO
Andren x Andren
Greenfield Greenfield absent
Kedrowski x Kedrowski
Mader x Mader
Schenck x Sch n
{Seal}
rs9696cc.doc
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