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File #: 16-388    Version: 1 Name:
Type: Memo Status: Public Hearing
File created: 11/4/2016 In control: Town Council
On agenda: 11/15/2016 Final action: 11/15/2016
Title: Consideration of Article XXIV, Walls and Fences, Zoning Code Text Amendment (MI-16-2) RECOMMENDATION:
Attachments: 1. Application, 2. Text Amendment Narrative, 3. Maintenance Agreement PC PH 111516, 4. Ordinance 2016-07 Draft PCPH 111516
TO: Chair and Planning Commission

FROM: Eva Cutro, Community Development Director
Paul Michaud, Senior Planner
George Burton, Planner

DATE: November 15, 2016

CONTACT:
Staff Contact
George Burton, 480-348-3525
End

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

RECOMMENDATION:
Recommendation
Ordinance 2016-07 incorporates the changes from the last Planning Commission meeting and identifies additional changes recommended by staff. The recommended changes are listed in the right side margin of the Ordinance and the Commission must evaluate and determine if they would like to incorporate the recommended changes. After review and discussion, the Planning Commission shall forward to the Town Council a recommendation of approval or denial of Ordinance 2016-07, proposed amendments to Article XXIV, Walls and Fences, of the Town Zoning Ordinance.

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' fro...

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