HomeMy WebLinkAboutA008 - Council Action Form dated July 23, 2002 ITEM # 1
DATE 07/23/02
COUNCIL 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. However, staff does not believe that a
reduction in the fence height limitation of two feet represents a significant adjustment in the
overall regulation of fences in side and rear yards.
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
The Planning and Zoning Commission reviewed the proposed text amendments to the
Zoning Ordinance regarding fencing height at their meeting of July 3, 2002 and approval
was recommended.
ALTERNATIVES:
1 . The City Council can approve the proposed text amendment to the Zoning Ordinance
regarding fencing height.
2. The City Council can deny approval of the proposed text amendment to the Zoning
Ordinance regarding fencing height.
3. The City Council can approve the proposed text amendment to the Zoning Ordinance
regarding fencing height, with modifications.
4. The City Council can refer the proposed text amendment to the Zoning Ordinance
regarding fencing height back to staff for further review and comment.
MANAGER'S RECOMMENDED ACTION:
It is recommended that Alternative #1 be adopted. Alternative #1 is approval of the
proposed text amendments to the Zoning Ordinance regarding fencing height.
Attachment
s:\Council Action Forms\Text Amendments\City Council Fence Regulations-07-23-02.doc
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