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JUL 2 0 663 am 5:4 pace 154 TO: The Honorable Members DATE: July 1,1983 FELE: of the Board of SP -83-04-007 County Commissioners FROM: DIVISION HEAD CONCURRENCE:SUBJECT: CT: APPEAL OF BOISJOLIE 4�1 MINOR SITE PLAN `L7 APPROVAL Patrick Bruce King, ICP Community Developm4ht Director REFERENCES:. Bob Keating, AICP.Boisjolie Planning & Zoning Mgr. WORKS It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting on July 20, 1983. DESCRIPTION & CONDITIONS Mr. & Mrs. Raymond Boisjolie, 160 East Forest Drive, obtained a zoning permit on December 3, 1982 from Marianne Smith, Zoning Department Secretary. Acting as a zoning technician, Mrs. Smith issued a permit to the Boisjolie's which allowed for a six foot fence in the rear and the side yards of the property. Since Section 25(i) of the Zoning Code allows side yard fences of five feet or less and requires Planning and Zoning Commission approval of fences exceeding that height, the permit in question was issued incorrectly. On December 9, 1982, the Zoning Department received a complaint regarding the Boisjolie fence. According to this complaint, the fence was seven feet high and erected without a zoning permit. Upon inspection by the zoning staff, the fence was found to be in compliance with the permit. Subsequent to that inspection, the Zoning Department received a letter from residents of the Forest Park II Subdivision requesting that the fence permit be reconsidered since the fence exceeds the height limitations of the County zoning ordinance and lacks visual compatibility with the rest of the community. An inspection of the site by Howard Pautzke, Zoning Inspector, found that the fence was constructed in a designated easement. On December 20, 1982, Mr. Pautzke sent a letter to Mr. Boisjolie, requesting that the fence be removed from the easement. That matter, however, was resolved when Mr. Boisjolie executed an Easement Preservation Removal Agreement, stating that the fence will be removed at his expense if it becomes necessary. Since the Zoning Department found that Mr. Boisjolie had complied with the provisions of his permit, the staff determined that he was entitled to retain his fence, as constructed. On February 16, 1983, a petition from the residents of the Forest Park II Subdivision, stating that procedural requirements of the County's Zoning Code were not followed in the Boisjolie case, was received by the Community Development Division. Subsequently, Mr. Edward Struxness, 580 East Forest Park Trail, submitted an appeal of the Zoning Department's decision to allow Mr. Boisjolie to maintain his fence. This appeal was scheduled for hearing by the Board of Adjustment and Appeals at its meeting of April 11, 1983. 58