2013_10_02_PC_Minutes - Laserfiche WebLink

Home

Regular Planning Commission Meeting Minutes – Wednesday, October 2, 2013 Page 7 of the depth, Mr. Lloyd confirmed for Vice Chair Boguszewski that this would adequately address 299 the neighbor concerns for noise abatement to the north. 300 With Vice Chair Boguszewski opining that the fence should be 8’ all the way around to “not be 301 inconsistent with code,” as staff addressed in a former and unrelated application discussion, Mr. 302 Paschke advised that the goal was to provide the same fence height throughout, with the 303 exception of the retaining area to achieve that same height, which he felt was appropriate in this 304 situation. 305 In response to Vice Chair Boguszewski observing that a Conditional Use was “forever,” not only 306 for a set term, Mr. Paschke clarified that this was a distinction between two separate land use 307 applications: an Interim Use for a set period, typically three years, and this purpose-driven 308 process to consider a Conditional Use without a term limit for a permitted use. 309 Vice Chair Boguszewski closed Public Hearing at approximately 7:31 p.m. 310 In his role as Chair for tonight’s meeting, Vice Chair Boguszewski noted that the City Council had 311 recently asked that Members provide their rationale for their support or denial of a 312 recommendation; and personally asked that the vote be split into three (3) separate motions: 313 1) Zoning Text revision regarding fences in residential areas; 314 2) Striking language regarding the 6’ fence requirement, and providing for written 315 support of 100% of adjacent residential property owners; and 316 3) The Conditional Use request. 317 Vice Chair Boguszewski advised, that overall, he would support this proposal. 318 Member Murphy concurred, stating that at first he thought the proposal was too restrictive, but 319 after Mr. Paschke’s explanation, he found more clarity. 320 MOTION 321 Member Boguszewski moved, seconded by Member Murphy to recommend to the City 322 Council APPROVAL of a proposed ZONING TEXT CHANGE as follows: 323 RESIDENTIAL 1011.08 FENCES IN ALL DISTRICTS – B Residential Fences – “The following 324 standards shall apply to all fences constructed in any residential zoning district --- or 325 directly adjacent to any residential zoning district.” 326 Ayes: 6 327 Nays: 0 328 Motion carried. 329 In providing his rationale for seeking three (3) separate motions, Vice Chair Boguszewski 330 expressed his concern that this was not being pursued as a Variance process versus this 331 recommendation and potential impact to other properties in the area. Therefore, Vice Chair 332 Boguszewski advised that he would be voting in opposition to this, as he didn’t agree with 333 changing the code in this way, while recognizing that the majority vote will prevail. Vice Chair 334 Boguszewski noted that this was basically a symbolic gesture on his part, and if the majority vote 335 so indicates, he may vote to approve the request of the applicants. 336 Member Daire spoke in support of the proposed text revision not to exceed 6’ in height, opining 337 that her personally thought height should be determined by staff based on the situation that this 338 particular section of code is being applied to. Member Daire advised that he would be more 339 comfortable if staff was involved in determining fence height or screening; and expressed his 340 support of this motion if that is the intent. 341 Mr. Paschke responded to Member Daire, that whether in practice or in force, that determined the 342 height of a fence, with staff reviewing each application and advising the applicant what is best for 343 their particular situation (i.e., administrative review process), similar to landscaping issues. Mr. 344 Paschke advised that having a “not to exceed 6’ in height” provision didn’t preclude staff working 345 with the applicant and determining what is appropriate for fence height and its required 346 placement, but this text revision simply dovetailed into other sections of the code addressing 347 screening and buffering. Mr. Paschke assured all that staff would continue to work the public, the 348