9/4/2001 - Laserfiche WebLink

Home Browse Search

{ A 2 p bS _ S torr. . , c., a., .,&„.v� f e. . " . �3'Gx`x-F.-"'f t ^'4 .'M*«" Lam.. . k*.':Y . f"5 ' i ' ` ,R ; ' . "`rte,. , 'av .t ,n'F �'§. d r '- d 9c n ..,.. r `' '., a All, '*aR `v R*` ., hs:. c"t'a i „t'"fi' ., i +' DATE : August 27 , 2001 SUBJECT : Appeal by Vicky Carlton of a Planning and Zoning Commission Denial of an AppeaURequest for a 6 ' Front Yard Fence at 905 52nd Avenue It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 4 , 2001 . RA KGROLIND • County land development regulations (LDRs) restrict the height of walls and fences that are located within setback areas (required yards) . These regulations, found in LDR section 917 . 06( 12 ), limit the height of fences in rear yard and side yard setbacks to 6' ; fences in front yard setbacks are limited to a height of 4' (see attachment # 3 ) . The regulations, however, do allow , under certain conditions specified in LDR section 917 . 06( 12 )( E) , increased fence heights above 4' in front yards via an administrative ( staff) approval. On June 11 , 2001 , Vicky Carlton submitted an administrative approval application request to exceed the normal 4' front yard fence height requirement to allow for a 6' privacy wood fence within a front yard setback area of her corner lot located at 905 52nd Avenue . The lot is located in the Laurel Oaks subdivision, within the RS -3 zoning district, and measures approximately 105 ' x 120' . Staff reviewed the request, inspected the site and surrounding neighborhood , and on June 14 , 2001 sent a letter denying the request. That letter stated that there was "inadequate justification" under the requirements of LDR section 917 . 06( 12 ) to grant permission for a front yard fence any taller than 4' on the subject lot ( see attachment #4) . Later, Mrs . Carlton contacted staff to provide more justification for the request, and staff re- evaluated the request and came to the same conclusion as stated in the denial letter. Subsequently, Mrs . Carlton appealed staff' s denial of the request and sought action by the Planning and Zoning Commission to approve her appeal and overturn staffs decision to deny her request . At its regular meeting of July 12 , 2001 , the Planning and Zoning Commission considered the appeal, heard comments from area residents , and voted 4- 1 to deny the appeal and uphold staffs decision ( see attachment #6) . Therefore, the result of the Planning and Zoning Commission ' s decision is denial of Mrs . Carlton ' s request for a 6' tall front yard fence . Now, Mrs . Carlton has appealed the Planning and Zoning Commission ' s denial and seeks action by the Board of County Commissioners to overtum the Planning and Zoning Commission ' s decision to deny her request . In accordance with LDR section 902 . 07 , the Board is to consider the appeal and either uphold or overturn the Planning and Zoning Commission ' s decision . ANS County Fence and Wall Height Regulations The county regulates the height of walls and fences within required setback areas . Such regulations limit the height of walls and fences along property perimeters . It should be noted, however, that walls and fences interior to (inside of) required perimeter setbacks are allowed to be much higher; theoretically as tall as a 35 ' building . Thus , walls and fences taller than 6' in height are generally allowed close to buildings but not near boundaries adjacent to local roads, such as the roads adjacent to Mrs . Carlton ' s residence . September 4 , 2001 51 PC,J29 Kr f4 ' ell, ..' ! l w{ le _ a fn r k: v".