HomeMy WebLinkAboutA003 - Council Action form dated August 10, 2004 ITEM # c2 S
DATE 08/10/04
COUNCIL ACTION FORM
SUBJECT: TEXT AMENDMENT TO THE ZONING ORDINANCE AMENDING
REGULATIONS IN THE "F-VR" VILLAGE RESIDENTIAL DISTRICT PERTAINING TO THE
MAXIMUM HEIGHT OF PICKET FENCES
BACKGROUND:
On June 8, 2004, the City Council referred to staff a letter from Amie Rockow-Nelson and
Jeffrey Nelson, property owners in Somerset, regarding fencing regulations in the Somerset
development (see attached letter). The property owners are requesting a change in the
fencing regulations to allow picket fences within the area between the build-to-line and the
front property line (adjacent to a public street) to be a maximum of four (4) feet in height for
single-family detached residential uses. The current regulation limits fences to three (3)feet in
height.
The current regulations are as follows:
Table 29.1201(7)-1, 2, and 3
Village Residential (F-VR) Floating Zone Urban Regulations
Country House, Village House, and Village Cottages
URBAN REGULATIONS F-VR ZONE
Height Restrictions The height of fences and walls shall not exceed 6 feet
along the side and rear lot lines and not exceed 3 feet
when constructed between the build-to-line and the
front property line.
The property owners indicate that they believe that a four (4) foot fence will allow them to
contain their large breed dog, where a three (3) foot fence will not, while still promoting the
village concept and supporting the unique atmosphere and intended character of the
Somerset development. The property owners are not requesting a change to the required
fence type (only picket fences are permitted in the area located between the build-to-line and
the front property line).
The main purpose of the requirement to limit maximum fence heights in the area between the
build-to-line and the front property line (adjacent to a public street) is to facilitate social
interaction between property owners and pedestrians passing by on the adjacent sidewalk.
Staff believes that increasing the maximum fence height from three (3)feet to four(4)feet will
not affect the ability for social interaction between neighbors.
Therefore, staff is proposing a text amendment to the "F-VR" Village Residential District to
change the maximum allowable fence height for the area located between the build-to-line
and the front property line from three (3) feet to four (4) feet. The proposed text amendment
to the Zoning Ordinance is as follows (changes are in bold italics or ):
Table 29.1201(7)-1, 2, and 3
Village Residential (F-VR) Floating Zone Urban Regulations
Count House, Village House, and Village Cottages
URBAN REGULATIONS F-VR ZONE
Height Restrictions The height of fences and walls shall not exceed 6 feet
along the side and rear lot lines and not exceed 3 4 feet
when constructed between the build-to-line and the front
DrODertv line.
This change only affects the maximum height of the fences located between the build-to-line
and the front property line. It does not modify the required fence type, which is a picket fence
in the Somerset development.
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
With a vote of 5-0, the Planning and Zoning Commission recommended approval of this text
amendment to the "F-VR"Village Residential District of the Zoning Ordinance at its meeting of
July 21 , 2004.
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ALTERNATIVES:
1. The City Council can approve the proposed text amendment to the "F-VR" Village
Residential District of the Zoning Ordinance.
2. The City Council can deny the proposed text amendment to the "F-VR"Village Residential
District of the Zoning Ordinance.
3. The City Council can refer the text amendment to the "F-VR"Village Residential District of
the Zoning Ordinance back to staff for further review and comment.
CITY MANAGER'S RECOMMENDED ACTION:
Staff believes that the proposed change will allow single family detached property owners in
the F-VR District (currently only Somerset) the ability to better contain large breed dogs, as
well as children, within the yard area between the build-to-line and front property line. Staff
believes that the increased fence height will not affect the ability for social interaction between
neighbors and will not deteriorate the unique atmosphere and intended character of village
development.
Therefore, it is recommended that Alternative #1 be adopted, which is a recommendation for
approval of the proposed text amendment to the "F-VR" Village Residential District of the
Zoning Ordinance.
COUNCIL ACTION:
Attachment
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