09-13-1995 Council Agenda - Laserfiche WebLink

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MINUTES toxtclaugci l January 24, 1980 r. Act Councilman Fahey asked whether the section on page 15 dealing with accessory buildings limited the number of accessory buildings that could be constructed on a property. Nielson stated that accessory buildings were limited on page 16 of the Ordinance to one garage and one shed. Additional buildings would require a conditional use permit. Item C3 on page 15 states that a lot of record existing upon the effective date of this proposed Ordinance, which does not meet the requirements of the Ordinance may be used for single family dwelling purposes provided it meets 70% of the requirements of the Ordinance. Brad Nielson stated that this provision allows a propertyowner to make reasonable use of his property. The Attorney stated that this provision is a variance in itself. Mr. Nielson replied that it was, but the propertyowner would have to meet setback requirements. Councilman Fahey stated that this provision is an automatic variance. Fahey stated that there is provision on page 66 of the proposed ordinance which allows for variances due to non - economic hardships. Fahey stated that this provision on page 66 gave the Council more flexibility. Mr.. Nielson was concerned that everyone requesting variances would not be treated fairly if the Council only had the provision for variances as stated on page 66 of the proposed Ordinance. Councilman DeBace commented that the conditions in each situation are different, and the Council would want to consider the conditions. Councilwoman Scalze also stated that the Council should look at each request for a variance separately. Councilman Fahey suggested that paragraph C3 on page 15 be deleted and the word "area" should be added under paragraph C on page 66. Nielson stated that he would do this and would also rewrite the paragraph on page 66 in question as the Council felt the whole paragraph was poorly worded. The next item discussed was the section regulating fences. Nielson stated that the section on fences in the proposed Zoning Ordinance was more restrictive than the fence ordinance recently adopted by the City. Nielson stated that his proposed fence regulations will include requirements for the finished side of a fence to face the adjacent property and that his requirements will include the 15 day time limit for the owner to repair a damaged fence. Nielson will also add the provision regulating the space between fence boards. Nielson stated that the section on fences in the proposed Zoning Ordinance allows a fence in a front yard to be only 3 to 3 1/2 feet high so that a fence will not block vision. The fence could be taller than the 3 to 3 1/2 feet at a point 1/2 the depth of the primary building on the property. Page 31 Page -4-