HomeMy WebLinkAboutA007 - Commission Action Form dated July 3, 2002 4
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ITEM # Vill
DATE 07/03/02
COMMISSION ACTION FORM
SUBJECT: MOTION TO APPROVE A TEXT AMENDMENT TO THE ZONING
ORDINANCE AMENDING THE REGULATIONS REGARDING FENCING HEIGHT.
BACKGROUND:
The Zoning Ordinance in effect prior to May 2000, permitted fences located within the side
and rear yard setbacks to be up to six feet in height. Fences that were not located within
the required setback were permitted to be as tall as eight feet in height (see attached
illustrations). Upon the adoption of the current Zoning Ordinance in May 2000, these
regulations were modified to allow fences within the required side or rear yard setback area
to be as tall as eight feet, and fences that are located outside of the required setback areas
to be as tall as ten feet.
At their meeting on June 11, 2002, in response to some communication from citizens and
after some discussion regarding fence requirements, the City Council directed staff to
prepare a text amendment to the Zoning Ordinance to change the maximum height for
fences in the required side or rear building setbacks from eight feet to six feet and to
change the maximum height for fences that are not placed in required setbacks from ten
feet to eight feet — essentially reverting back to the requirements of the previous
Ordinance. A copy of the proposed text amendment has been prepared by the City
Attorney and is attached to this Action Form.
Staff believes that the reason for the change was to allow for greater amounts of privacy
within the side or rear yards of residential properties. For instance, persons wanting privacy
in their back yards for their pool, hot tub, or patio, it is possible that a six-foot high fence
would not provide enough screening and perhaps an eight-foot high fence would be more
effective at providing screening of these areas.
Staff does not believe that a change in the fence height limitation of two feet represents
a significant adjustment in the overall regulation of fences in side and rear yards.
Therefore, should the Planning and Zoning Commission believe that the allowable fence
height in side and rear yard setbacks and in areas outside of the required setbacks should
be reduced by two feet, then the Commission should recommend approval of the text
amendment.
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ALTERNATIVES:
1. The Planning and Zoning Commission can recommend that the City Council approve
the proposed text amendment to the Zoning Ordinance regarding fencing height.
2. The Planning and Zoning Commission can recommend that the City Council deny the
proposed text amendment to the Zoning Ordinance regarding fencing height.
3. The Planning and Zoning Commission can recommend that the City Council approve
the proposed text amendment to the Zoning Ordinance regarding fencing height, with
modifications.
4. The Planning and Zoning Commission can refer the proposed text amendment to the
Zoning Ordinance regarding fencing height back to staff for further review and
comment.
RECOMMENDED ACTION:
It is recommended that Alternative #1 be adopted. Alternative #1 recommends that the
proposed text amendments to the Zoning Ordinance regarding fencing height be approved.
Attachment
s:\P&Z\Commission Action Forms\Text Amendments\City Council Fence Regs Text Amendment-07-03-02.doc
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