7A, PC 09-024 - Appeal Fence at 1777 Glenview Avenue

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A. Planning Case 09-024; Appeal of Staff Decision; 1774 Gramsie Road; Mr. and Mrs. Schneider — Not a Public Hearing City Planner Beekman stated that the applicants are requesting the Planning Commission make a recommendation to overturn Staff's decision that a fence located at 1777 Glenview Avenue meets the requirements of the Zoning Code. She provided background information regarding the construction of the fence and detailed the concerns of Mr. and Mrs. Schneider. The Planning Commission is being asked to evaluate the fence based on three regulations within the Zoning Code. If the Planning Commission recommends overturning Staff s decision then it will be added to the City Council's January 25, 2010 meeting agenda. Chair Larson opened the floor to Commission questions. Chair Larson clari� ed that the fence is not constructed on the property line and that Staff believes the fence is in compliance with the City's Code. City Planner Beekman stated that the way the fence was constructed the panels are six inches from the property line. The Schneider's stated that the footings encroached on their property but Staff found that the footings themselves did not encroach onto the Schneider's property but rather some of the overflow concrete from the footings had. She clari� ed that the installer for the fence did correct this problem. Commissioner Holewa asked City Planner Beekman to explain how the height of the fence is determined and what the height of this fence is. City Planner Beekman explained that the height of the fence has been determined by Staff in the past by measuring the height of the panels placed as close to the ground as is possible or reasonable. Chair Larson asked if the materials used in the fence are similar on both sides. Mr. Dave Sherbel, Clty BU11d.111g Of�1Cla1, stated that the fence was constructed of a high quality cedar and that both sides of the fence are of similar materials and looks similar so that a front or back to the panels could not be easily determined and the fence is well built. He also explained that the way the fence steps down is within the City's Code and is acceptable. Commissioner Modesette clarified that the footings themselves were not encroaching on the Schneider's property and the concrete overage that had been encro aching had b e en � x ed. City Planner Beekman stated this was correct.