06-11-09 Planning Comm. Agenda - Laserfiche WebLink

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Centerville Road, therefore a variance is needed. The site plan states that the fence is located 18.5 feet from the curb. The actual setback from the fence to the front property line/right-of-way is not known. Staff suggests that the exact distance of the fence to the front property line/right- of-way be submitted to the City through a revised site plan. According to Section 903.020.F3 & 4, an applicant for a fence permit is required to verify the location of existing property lines either by location of the property corners or submission of a survey. The City Building Official shall also inspect the location and construction of the fence. • The Ordinance also states: subject to other restrictions within this section, fences maybe constructed to a height of six and one-half (6 %) feet on or along the side yard property line from the rear lot line to a point equaling the front building line of the principal buildings (903.020.F7a(4)). Staff Comment: According to the submitted site plan, the subject fence is 66 feet long and extends beyond the front building line of the principal buildings, necessitating another variance. Applicants' Statement. According to the adjoining property owners, Michael Pelzer and Afroz Khan, a variance for asix-foot tall fence is needed due to the following circumstances: • Both parties consent, and have no objection, to the existing position of the fence. • The fence replaced once-present evergreen trees, which restricted the view into the property at 2837 Centerville Road. • The evergreen trees had to be removed, and the lack of such a fence has resulted in a heightened rate of offensive, and sometimes, unlawful activity on the property (2837) by others, including: Theft of an ATV (reported to authorities); • Damage to a mobile basketball hoop; and • Increase in unauthorized pedestrian activity on property by virtue of greater exposure. Most importantly, the feeling of safety of the inhabitants of the properties is threatened, as many times, movements into and out of the households is easily viewed from a distance. This is of concern because Afroz and her child sometimes arrive home during later hours into the night, and a fence would provide a greater sense of security and tranquility while her husband serves military duty overseas. Afroz Khan submitted a separate letter addressing her specific concerns and states more reasons why her family seeks to maintain the six foot fence: The family feels threatened by the levels of activity in the Montreal Courts apartment complex, feeling as though their privacy is being invaded from the side which the fence has been placed. 2