HomeMy WebLinkAbout~Master - Appeal of the Zoning Enforcement Officer at 2124 Torrey Pines RoadCITY OF AMES, IOWA F
ZONING BOARD OF ADJUSTMENT
IN THE MATTER OF THE APPEAL OF
DUANE HUFFER AND ANGELA DOSS
FOR AN APPEAL FROM THE DECISION
OF THE ZONING ENFORCEMENT
OFFICER, §29.4008(2)(C)(iii) AND
§29.1508(1), AMES MUNICIPAL CODE,
REQUIRING THAT A SIX (6) FOOT
FENCE ABUTTING A RIGHT-OF-WAY
BE SETBACK FIVE (5) FEET FROM THE
PROPERTY LINE ON THE PROPERTY
LOCATED AT 2124 TORREY PINES
ROAD, AMES
FACTS
CASE NO. 15-02
APR 1 3 2015 C/
GEOCODE NO. 05-33-254-130
DECISION & ORDER
CITY CLERK
OF AMES IOWA
The property at this address is a single -story, single family detached dwelling. Tile property is
located in a residential neighborhood in an "RL" (Residential Low Density) zoning district. The
property's rear yard abuts Stange Road; therefore, the property is considered a through lot for
purposes of applying the zoning code. City staff received complaints of a non -compliant fence
on this property. An inspection was completed by staff on July 3, 2014. At such time, staff
determined the rear yard fence was in violation of the height and setback allowances in
section 29.408(2)(c), which allows a maximum fence height of six (6) feet in a side or rear
setback if. "(a) the lot does not abut the front yard of any other residential property along the
same side of the street; (b) the fence is at least five (5) feet from the property line abutting a
street right-of-way..." Section 29.408(2)(c)(iii). After a notice of violation was sent, staff
received a letter from the Applicants stating that they were not in agreement with staff s
interpretation of section 29.408(2)(c)(iii). Specifically, the letter asserted that both "(a)" and
"(b)" in the cited section were not required, but rather if either of them applied a six (6) foot
fence would be allowed. The Zoning Enforcement Officer, in a letter dated December 19, 2014,
confirmed staff s interpretation that both "(a)" and "(b)" are required for fences on through lots.
Staff presented evidence of the history of the fence code and this section in particular. Staff cited
that section 29.408(2)(c)(iii) used to be contained in a single paragraph and was amended in
2004. The intent of the 2004 fence code amendments was to eliminate the "blank wall" issue of
six-foot fences abutting public rights -of -way, without any setbacks or landscaping.
The Applicants, appealing the decision of the Zoning Enforcement Officer, presented evidence
that both listed items are not required. The Applicants stated that the code is confusing, which is
evidenced by the question and answer portion on the City's website. The Applicants also
expressed that enforcement of the City's fence code should be city-wide and noted there are
other non -compliant fences in town. Lastly, the Applicants stated that without an "and"
separating the two clauses, the semicolon indicates that either apply, but not both.
Staff responded by noting that in formal and legal writing a semicolon is used in place of a
comma when listing items. Unlike a comma, a semicolon may join two independent clauses
without a conjunction. Staff added that when looking at section 29.408(2)(c)(iii) in particular,
the two items, "(a)" and "(b), do not necessarily require an "and" or an "or"; although a
conjunction would help clarify the section.
DECISION
The Board considers the appeal of the decision of the Zoning Enforcement Officer. Having
heard the evidence presented about the appeal, the Board finds that the decision of the Zoning
Enforcement Officer should be upheld. The Board stated that, in their opinion, the code section
is clear on its face that both "(a)" and "(b)" are required to allow a six (6) foot fence in a rear
yard of a through lot. The Board also noted that the typical standard for interpreting a zoning
code is that a semicolon is used to replace a comma when listing more than one item.
WHEREFORE, IT IS ORDERED that the applicant is DENIED the appeal, sections
29.408(2)(c)(iii) and 29.1508(l) of the Ames Municipal Code, from the decision of the Zoning
Enforcement Officer for the property located at 2124 Torrey Pines Road.
Any person desiring to appeal this decision to a court of record may do so within 30 days after
the filing of this decision.
Done this 11 t" day of March, 2015.
51�
Erin Cain Sandra McJimsey s
Secretary to the Board Chair