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TO: The Honorable Board of DATE. May 11, 1982 FILE: <br />County Commissioners <br />SUBJECT: APPEAL - WILLIAM BARTSCH' S <br />REQUEST FOR A FENCE PERMIT <br />FROM: David Greene REFERENCES: <br />Assistant County Administrator <br />DESCRIPTION & CONDITIONS: <br />On December 18, 1981, Mr. William Bartsch petitioned the <br />County to allow him to retain a 6' cypress fence that <br />had been placed around the sides and rear of the applicant's <br />single-family residence. The petition was reviewed by <br />the Planning and Zoning Commission at their regular meeting <br />of January 14, 1982, at which time the Board unanimously <br />denied the request, with a recommendation that the owner <br />submit a plan which conforms to the fence ordinance. A <br />portion of the fence had originally been placed on side <br />and rear lot line easements and has sinceo been removed; <br />however, the fence has been retained on the north and east <br />property sides. <br />On March 24, 1982, Mr. Bartsch resubmitted this application <br />to appear before the Planning and Zoning Commission on the <br />April 8, 1982, agenda, requesting the Board to allow him <br />to retain the 6' fence. At this meeting, the Board denied <br />his request by a 3 -to -1 vote. Reasons for denial were, <br />that the Board was going to stand with the Ordinance because <br />there are too many fences being erected without permits. <br />ALTERNATIVES & ANALYSIS: <br />Indian River County Ordinance 71-3, Section 25 (i) (1), <br />(2) , (3) states: <br />(i) Walls and fences. In all districts, except agricultural <br />districts, fences and walls shall be as follows: <br />(1) Front yard. Fences not exceeding three (3) feet in <br />height may be erected in the front yard. Where the <br />house or part of a building is erected with a front yard <br />greater than is required by the zoning ordinance, then <br />the area (3) foot maximum is extended to include all <br />of the area in front of the house or building. <br />(2) Side yard. Fences not exceeding five (5) feet in height <br />may be erected in the required sideyard, provided <br />they do not extend beyond the front of the house or <br />building. <br />(3) Rear yard. Fences not exceeding six (6) feet in height <br />may be erected in the required rear yard, provided <br />that no fence shall be erected in a utility easement. <br />HE= <br />70 <br />arnc. 50 `1 <br />