By Scott Sullivan
Editor
Douglas City Council’s first meeting Monday in the new city hall saw members set a 6-month deadline for a homeowner to get rid of a wooden flower bed.
Planning and zoning administrator Sean Homyen told council staff this fall received a complaint about the bed at 89 S. Washington St. being within the public right-of-way.
Homyen inspected and Sept. 23 sent the Foss Creek Association LLC, listed as property owner, a letter saying explaining the city ordinance and requiring the flower bed to be removed from the right-of-way by Oct. 23.
“Undue hardship,” Homyen explained, “is defined as an unreasonable expectation created by the property’s unique attributes, such as size, shape or topography. Personal circumstances alone are not considered grounds for undue hardship under the ordinance.
“Council,” he said, “may extend the time by which the violations must be corrected, for a period not to exceed six months, but not allow such violations to exist longer.
Should the owner not comply, enforcement will then move into civil infraction proceedings, whereby the property owner will be subject to fines and/or an appearance in district court, Homyen said.
Foss Creek instead appealed, claiming enforcement would create an “undue hardship,” prompting the city to schedule Monday’s public hearing.
“We want to keep it there forever,” Foss Creek representative George Kohn said that night.
“It’s very pretty there,” said councilman Matt Balmer. “I know and I like the homeowner. “But it’s right up against the sidewalk.”
“Are we going to be consistent enforcing our ordinance? Even if council says no, the owner can appeal to the zoning board of appeals,” Balmer said.
“How successful he will be at that level, I can’t say.”
