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File #: 16-389    Version: 1 Name:
Type: Memo Status: Filed
File created: 11/4/2016 In control: Town Council
On agenda: 11/17/2016 Final action: 11/17/2016
Title: Discussion of Article XXIV, Walls and Fences, Zoning Code Text Amendment (MI-16-2)
Attachments: 1. Application, 2. Text Amendment Narrative, 3. Maintenance Agreement PC PH 111516, 4. Ordinance 2016-07 Draft, 5. Presentation 111716 TCWS
TO: Mayor Collins and Town Council Members

FROM: Kevin Burke, Town Manager
Eva Cutro, Community Development Director
George Burton, Planner

DATE: November 17, 2016

DEPARTMENT: Community Development Department
Staff Contact George Burton, Planner, 480-348-3525
End

AGENDA TITLE:
Title
Discussion of Article XXIV, Walls and Fences, Zoning Code Text Amendment (MI-16-2)
Background

BACKGROUND
Request
The applicant requests an amendment to Article XXIV of the Town Zoning Ordinance to allow a partial view fence or "combination view fence" at a 20' front yard setback and to modify the definition of a view fence to accommodate decorative elements such as knuckles, scrolls, and spears.

History
The proposed text amendment is in response to a burglary at the prior Garner residence. The Garners purchased the property on April 2, 2013 and hired a metal works company to install wrought iron fencing on top of the existing fence wall in order to secure the house. A neighbor inquired about installing a similar fence, which brought the modified fence to the Town's attention. The Town checked and confirmed that the fence was modified without a permit and was in violation of the Zoning Ordinance. The applicant applied for a variance to keep the fence; however, the request was denied by the Board of Adjustment. The applicant is seeking a text amendment to allow for a 6' tall "combination view fence" located at a 20' front yard setback.

Since Walls and Fences Code Updates are also a Quality of Life initiative, staff would like to discuss any other potential changes to the fence ordinance. The proposed amendments contained within are meant as a starting point for discussion and are outlined below.

Body
DISCUSSION/FACTS
Combination View Fence
Currently, the code allows all 3' tall fences at a minimum setback of 10' from the front property line and all 6' tall fences at a setback of 40' from the front property line. The applicant requests ...

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