CCP 07-29-1996 - Laserfiche WebLink

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I> I 2. Backg-round t- In April of 1996, the City received a complaint regarding a fence located at 1509 Colleen Avenue. The complaint stated that the fence was not 30 percent open for air flow and that the finished side of the fence was not facing out, as required by the City Code, Sections VI, E, 4, c and f. Staff investigated the complaint and confirmed that the fence I was in violation of City Code, Sections VI, E, 4, c and f. On April 19, 1996, the City provided Mr. Welsh with written notification that his fence I was not in compliance with the requirements of the City Code. In that letter, Mr. Welsh was given 60 days to modify the fence. Generally, the modifications that could be made I to the fence to make it conforming with the City Code are that every other board on the fence would have to be removed from the inside of the fence and placed on the outside of the fence. On June 12, 1996, the City received an appeal to the administrative order to I modify the fence at 1509 Colleen Avenue. 3. Administrative Anneal I The City Code in Section VIII, G, states the following: 1. Appeals. The Planning Commission shall hear any appeals where it is alleged that there is an error in any order, requirement, decision or determination made by I an administrative officer in the interpretation, application, and/or enforcement of this Ordinance and shall report its findings and recommendations to the City Council for action. Ie 2. Effect of Determinations. The findings and determinations made by the Planning Commission shall be advisory only and shall have no binding effect. The Council I shall take such action on the findings and recommendations of the Planning Commission as it deems proper in the circumstances. I 4. Planning Commission Recommendation The Planning Commission recommends approval of Planning Case 96-11, administrative I appeal for fencing, based on unusual circumstances (City Code Section VI, E, 4, n). The unusual circumstances are: I 1. The Applicant obtained a building permit for the fence and may not have been informed of the requirements for the construction of said fence; 2 The fence has been in place for at least nine years, without receiving a complaint, I and when constructed the adjacent property was undeveloped; " The topography of the property to the east of the applicants has been recently J. altered, such that there currently exists a severe grade differential between the lots I which may not allow for the necessary modifications to the fence; and 4. The fence has been well taken care of and complies with the remaining code I requirements. .. I