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On the basis of a site inspection, the Planning Depa):trdent staff <br />determined that of the approximately 17 single-family homes <br />fronting on Pelican Lane, five have existing fences or walls. <br />There are two 3 foot open rail fences extending along rront <br />property lines, two 4 foot walls with gates at driveway <br />entrances, and one 4 foot chain link fence surrounding the rear <br />yard of a residence. Since no fences similar to that requested <br />by the applicant were found to exist within the vicinity of his <br />residence and because of the characteristics of the existing six <br />foot, front yard fence, the Planning Department staff determined <br />that the fence was not visually compatible with the rest of the <br />community and recommended that the Planning -and Zoning <br />Commission deny Mr. Beatty's request. <br />The Planning and Zoning Commission addressed the Beatty minor <br />site plan application at its June 23, 1983 meeting. At that <br />time, Mr. Beatty presented additional information to supplement <br />his minor site plan request. He stated that the primary reason <br />for the fence is safety, to protect his children from dogs <br />running loose in the neighborhood. He'noted that there are <br />several front yard fences exceeding five feet in height located <br />on Wynn Cove, the street just north of Pelican Lane. He also <br />noted that his fence is visually compatible with the area and <br />acceptable to his -neighbors. <br />By a 4-0 vote, the Planning and Zoning Commission denied -Mr. <br />Beatty's request for approval of a six foot cedar fence <br />surrounding his property. The reason for denial was visual <br />incompatibility of the fence with the surrounding area. <br />ALTERNATIVES & ANALYSIS <br />Based upon its finding that the fence is visually incompatible <br />with the area, the Planning and Zoning Commission denied Mr. <br />Beatty's request. Besides denial, the only Other alternative <br />available to the Commission was to approve Mr. Beatty's request. <br />Since the Commission determined that that portion of the fence <br />which already exists is visually incompatible with the <br />neighborhood, the Commission could not approve the regnest for <br />exceeding the height restrictions specified by the ?oning Code. <br />The applicant, however, does have an alternative. He can obtain <br />a permit for, and then constrdct, a fence meeting the height <br />limitations specified by the Zoning Code. -'According to Section <br />25(i) of the Zoning Code, front yard fences may.,not exceed three <br />feet in height, side yard fences may not exceed five feet in <br />height, and rear yard fences may not exceed six feet in height. <br />RECOMMENDATION <br />The Planning Department staff recommends that the appeal..be <br />denied and the action of the Planning and Zoning Commission be <br />upheld. <br />41 <br />BOOK 54 PAct <br />AUG 3 1993 <br />