PCP 08-02-2006 - Laserfiche WebLink

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Findings of Fact . Staff offers the following eight findings offact: 1. The proposed use will not affect parking conditions and is unlikely to affect traffic flow in the surrounding area. If the fence is at least twenty feet from the right-of- way, there would be sufficicnt protection of sight lines. 2. The proposed use will not produce any additional noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, or any other nuisance characteristics. However, the fence is likely to reduce noisc, glare, dust, and other nuisances for the subject property. 3. The proposed use will not affect drainage. 4. The proposed use will not affect the population density of the neighborhood. 5. The proposed use is compatible with adjacent properties and other properties along Lexington Avenue. Many properties along Lexington Avenue between Highway 96 and Amble Drive already have a privacy fence, including the properties north and south of the subject property. The fence on the subject property would be similar in style and height to the other fcnccs along Lexington A venue. The other fences along Lexington A venue are also 100 percent opaque. It is unlikely the fence would have any negative impact on neighboring properties or the City. 6. The park dedication fce does not apply. 7. If the City finds that there are unusual circumstances in this particular application, then the proposed use is in confonnance with the requirements of the Zoning Ordinance. The Comprehensive Dcvelopmcnt Plan does not comment on fences. . 8. The fence will likely increasc the livability and security of the applicant's property without disrupting the adjacent properties or travelers on Lexington Avcnue. Based on the facts of this case, it is determined that unusual circumstances do exist that may warrant the proposed deviations from thc fence rcgulations based on the following: a. High traffic levels on Lexington Avenue create unusually high noise and reduce privacy compared to most other residential properties in the neighborhood and City. The proposed fence would increase privacy and help to reduce some noise; b. The front yard requirements apply to two sides of the lot, which significantly reduces the ability to reduce noisc and increase privacy with a fence; and, c. The fences on the other residential properties along Lexington A venue arc locatcd in the rear yard where a six foot high fence is permitted. Only one other property, which is located across the street at 1104 Amble Drive, is in comparable situation to the applicant's property. ^ site plan review for a fence in the front yard setback at 1104 Amble Drive was approved in June 2006. In order to approve deviations from the fence rcgulations, Section 6.E.4.n states that the Planning Commission and City Council must find that unusual circumstances do exist An unusual City of Arden Hzlls Planning Commission AIeelingfor August 2, 2006 . II,Alelm-ifli?l_1IsiardenlrillsiPlanningWlanning Cascs12006106-022 Peterson Fence Site Plan Review (PFNDfNG)',071406 PC repurl- Peterson Sire Plan Review,doc Page 5 of7