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01/08/2019 Minutes
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01/08/2019 Minutes
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CITY CLERK
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c. In residentially zoned areas, no fence over forty-two (42) inches in height above the <br />average grade of the yard shall be permitted from the front building line to the street <br />right-of-way line. <br />d. In residentially zoned areas, all front yard fences shall have a minimum of fifty (50) <br />percent open area for passage of air and light. <br />The applicant is requesting a variance to allow a front yard fence at 720 SW 42nd Street. <br />This property is not located in the historic overlay district; the lot does not exceed two (2) <br />acres and is not zoned for industrial purposes. The proposed fence is not an ornamental <br />fence with a minimum of fifty percent area for passage of air and light. <br />Public hearing was declared open. <br />Carla Easton, the City Engineer, summarizes the sections of which the variances were <br />requested; she then references a photo of a similar fence on the same street, classified as a <br />legal non -conforming fence, that the applicant wishes to mimic. She goes on to inform <br />the board that the non -conforming fence was not permitted or granted a variance, but has <br />been there prior to 2005 and a letter will be sent to the property owner to notify them that <br />if ever removed or damaged the fence could not be permitted as it is without the proper <br />permits and variances. Louise Hagood inquires if the non -conforming fence is the only <br />one on the street and Carla tells her yes. <br />A.W. Clem inquires about why the applicant was proposing the privacy fence on the one <br />side and if there was an issue with the neighbor. Carla informs the board that there was <br />no clear reasoning or hardship. David Hamilton also clarifies that there was no clear <br />hardship indicated on the application. A.W. Clem also asks if there were rules or <br />regulations required by the neighborhood to which Carla replies that she is not aware of <br />that and that the city does not enforce restricted governments on private property, only <br />our Fence Regulations and our ordinances. <br />Benny Plata inquires about why ornamental fences are the only fence types allowed and <br />why there has to be the open air concept. Carla then explains that typically in a residential <br />neighborhood there is uniformity looking down the block and when not in a historical <br />district or industrial area people want to see similar front yards. She also explains when <br />one drives down the street it is expected and desired to see consistency in front yards and <br />have the open feel. Carla also states that since front yard fences are typically reserved for <br />the Historical District, ornamental fences such as a picket fence or cast iron are more <br />appropriate than a privacy fence that would create a barrier, obstruct the view of the <br />structure, not visually pleasing and potentially a safety hazard. A.W. Clem and David <br />Hamilton agree that it could potentially dangerous and that it would not be visually <br />pleasing. Mr. Clem also states that a privacy fence is appropriate for a back yard, but not <br />for a front yard. <br />Rick Maxwell, the property owner, spoke in favor of the petition. He explains that the <br />fence would be for privacy from the neighbors and since the proposed fence will stop <br />thirteen feet from the curb and tapers down it would not obstruct the view of the home in <br />
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