06/01/2021 Minutes - Laserfiche WebLink

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The applicant is proposing to install a front yard fence at 1601 W Henderson. This property is not located in the historic overlay district; the lot does not exceed two (2) acres and is not zoned for industrial purposes. The applicant is requesting a variance to allow a 48" chain-link front yard fence at 1601 W Henderson. Public hearing was declared open. Stephanie Harris, City Attorney, presented the case, staff recommendations and findings to the Board on behalf of Andrew Mack. Stephanie adds supporting information that there are several other chain-link fences in the neighborhood and the City is re-evaluating the fencing ordinance regulations so the front yard fence requirements will potentiallybe amended in the future and could not require variances at all. In conclusion, Stephanie states that the City recommend approval of this variance. RuthAnn Alsobrook, Chairperson, asked where the right-of-way began to which Stephanie replied she was not sure where the right -of way -began, but RuthAnn stated that after driving by and observing she believed that the existing fence was off of the road a sufficient distance. Lastly, Stephanie clarifies that though there is no definitive right-of-way issue the City is available to assist the applicant in verifying that or any other questions they may have. Jerry Thompson, property owner, states that he is wanting to put this fence up to prevent people from cutting across the lot and parking there since it is located on a corner and has a lot of traffic in his area. No one else spoke in favor or opposition. Public hearing was declared closed. William Sanders, board member, asks why there is an ordinance against front yard fences to begin with. Stephanie Harris responds to her recollection, even though she was not here during the time the ordinance was put in place, there was a committee of people who worked on recommendations to the staff to present to the council. She believes that there were no safety concerns, but it was more a matter of aesthetics. Motion was made by Jerry Haning, seconded by Larry Walker to approve the variance to Section 4.11.003 (b)(1)(a)(c) of the Fence Ordinance to allow a 48" chain-link fence in the front yard based upon the following staff recommended conditions and findings of fact. Motion carried 4:0. Staff Recommended Conditions: 1. The new chain link fence may be constructed to height not exceed 4 ft. in height in the front yard. 2. The new chain link fence shall not be constructed in the street ROW.