HomeMy WebLinkAbout~Master - D&O Appeal from Grant Thompson of decision of planning director regarding fenceM V F
IN THE MATTER OF THE APPEAL
FROM GRANT THOMPSON OF A
DECISION OF THE PLANNING
DIRECTOR REGARDING THE
CLASSIFICATION OF A STRUCTURE AS
A FENCE IN THE FRONT YARD AND
FRONT YARD SETBACK, ON THE
PROPERTY LOCATED AT 3207
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RED APR 13 20
CASE NO. 22-12
PARCEL NO. 09-05-425-050
FACTS
This matter came before the Board as an appeal of the decision of the Planning Director
regarding the classification of a structure within the front yard and front yard setback of the
property located at 3207 Oakland Street. The Planning Director's decision is that the unroofed
structure that encloses an area in the front yard and front yard setback is a fence, as defined in
Section 29.201 in the Ames Municipal Code. In his appeal, the Appellant asserts that the
structure should not be classified as a fence. He claims that the structure is a landscape accent
and is not restricted by the same height and location restrictions as a fence. The current zoning
designation for the property is Residential Low Density (RL).
City Planner Ray Anderson presented the Staff Report to the Board and summarized the findings
of the staff. The structure at issue is limited to height and location on the property under the
Zoning Ordinance. The Planning Director and staff determined that the structure forms a fence,
based upon the definition of a fence and it is not a landscape accent. Even if the structure were
determined to be a landscape accent, it would still be subject to fence limitations as set out in
Ames Municipal Code Section 29.402.
The Appellant's structure exceeds the maximum height for a fence in a front yard, which is foul.
feet. The structure varies in height from six to eight feet. Staff determined that the structure
forms a barrier or structure enclosing the area. The purpose of the vertical structure is to enclose,
visually and physically, the garden space. This is supported by statements of the Appellant in his
email of September 2, 2022, "Given the free cover of the neighborhood and exceedingly strong
deer presence this is why I sought to locate the garden where I did and at the height I did" The
zoning ordinance requires all structures to meet setbacks based upon the applicable standard for
the zoning district and type of structure. The ordinance does provide for certain specific
projections into the setbacks as listed in the Zoning Ordinance.
The Appellant, Grant Thompson, provided testimony to the Board. He zt3� that the two best
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words to describe the case before the Board wertul itioms *firfd-;arbit' y. Mr. Thompson
stated that the structure at issue is a trellis attached to garden boxes. He claims that the language
in the Ames Municipal Code is arbitrary and ambiguous and left up to the interpretation of the
Planning Director. Mr. Thompson further argued that the structure is well within the property,
does not affect sight lines, has encouraged neighbor interactions, and has many elements from
the Ames Plan 2040.
Sarah Nusser, 3312 Oakland Street, testified that after discussion it is Unclear as to what is being
safeguarded. Ms. Nasser stated that as a neighbor that has had her property destroyed by the
deer this structure is beautiftil and she looks forward to seeing this grow, expressing support for
this garden structure to go forth unaltered.
Mike Pedersen, 536 Forest Glen, testified that the structure is visible from his front porch and
window. Mr. Pederson stated that he has also attempted to start a garden unsuccessfully because
of the deer presence and has enjoyed the process and encouraged the Board to keep the structure
as designed.
The Board accepted and considered the Staff Report, the testimony presented at the hearing, and
adopted the Factual Findings and Conclusions in the Staff Report.
FINDINGS AND DECISION
The Board considered the facts as detailed above and provided in the Staff Report and all
evidence provided at the hearing. The Board adopted the findings in the Staff Report and found
that the structure at 3207 Oakland Street in its entity is a fence and that the fence exceeds the
maximum height allowed for a fence in the front yard and front yard setback and that the
Planning Director correctly interpreted the Ames Municipal Code.
ORDER
WHEREFORE, IT IS ORDERED that Pursuant to Section 29.1403(7)(a) of the Ames
Municipal Code, the decision of the Planning Director is UPHELD.
Any person desiring to appeal this decision to a Court of record may do so within thirty (30) days
after the filing of this decision.
Done this 9"' day of November, 2022.
Nat ailie Rekerneyer
Recording Secretary
Leila Ammar
Chair