Transcript 004_CC PPT_Fence Variance_6123 Sun Dial

Consideration & Action on a Fence
Variance Request by
Eliseo Rocha, Applicant & Property Owner
City Council Meeting
December 20, 2016
This Item is Continued from 12/06/16
Purpose
• Request for a variance to Chapter 3, “Building
Regulations,” Section 3.05 “Fences,” to allow
an 8-foot residential privacy fence
• The Code requires a maximum fence height of
6-feet for residential fences
Purpose
• Fence was constructed without a permit.
Code Enforcement informed the owner of the
violation and Mr. Rocha has applied for a
variance to resolve the matter
• Mr. Rocha noted that he constructed the fence
2-feet higher because he has a 4-foot slope to
the rear of his property
Purpose
• Mr. Rocha noted that wanted the same
privacy that his other neighbors have
• He was also concerned for his family that plays
in the back yard
Purpose
• It does appear that there is a special
circumstance for this property as there is a
significant slope to the rear of the property.
Purpose
• Council has authority by Code to consider
variances where strict enforcement due to
special conditions or where literal
enforcement would result in unnecessary
hardship.
Purpose
• It does appear that there is a special
circumstance for this property as there is a
significant slope to the rear of the property.
• The request does not appear to be excessive
or unreasonable, but is the minimum needed
to afford the property owner relief of the
Code requirements.
Fiscal Impact
• The applicant paid $200 for fence variance
consideration.
• If approved, there will be an additional fee for
the fence permit of $65
S.E.E Statement
• Social Equity – it is fair and equitable to offer residents
processes and alternatives for variances where
conditions exist which require special consideration.
• Economic Development – Indirectly nice, wellmaintained fences and housing stock add to the
attractiveness of a community to a developer which
supports potential economic development.
• Environmental Stewardship – The environment was
not affected by the installation of the fence. The fence
replaced an existing fence. The variance request is not
applicable to environmental stewardship.
Strategic Goals
• Indirectly related to Strategic Goal 2, “Safety
and Security,” which promotes maintaining a
high level of safety and security for residents.
• Installation of the taller privacy fence gives Mr.
Rocha an added sense of security for his
family.
Recommendation
• Approval of this fence variance request is at
the discretion of City Council. Staff reviewers
have no objections to the requested fence
variance. The property does appear to have a
significant slope to the rear of the property as
demonstrated in the submitted photographs.
Consideration & Action on a Fence
Variance Request by
Eliseo Rocha, Applicant & Property Owner
City Council Meeting
December 20, 2016
This Item is Continued from 12/06/16