07/11/2001 P&Z Packet - Laserfiche WebLink

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• • Fence Variance: The second variance involves a proposed fence around the back yard and pool. The Ramsay's lot fronts on Ruffed Grouse Court. Their rear lot line is the side lot line of their neighbors' house, which fronts on Ruffed Grouse Road. The zoning ordinance addresses fences in such a situation, which is common with corner lots: Should the rear lot line of a lot be common with the side lot line of an abutting lot, that portion of the rear lot line equate to the required front yard of the abutting lot shall not be fenced to a height of more than four (4) feet. (Section 3 Subd. 4.T.b.) The ordinance is verbally clumsy: substitute "equal" for "equate ". In addition, our interpretation has always been that the intent is: "that portion of the rear yard equal to the required front yard of the abutting lot shall not be fenced to height more than four feet." The intent is to prevent a front yard from being closed in by a neighbor's six -foot fence along that neighbor's back and side yards. It is instructive that a later passage states: Fences in residential districts may be located in any yard to a height of four (4) feet, except that a fence up to six (6) feet in height may be erected from the front facade of the principal building to the side and/or rear lot line. (Section 3 Subd. 4.T.4.) Clearly, the intent is to keep front yards visually open, free from six -foot fences. The fence along the side lot lines can go up to six feet beginning at the building front and going back from there — except when the lot abuts another where the taller fence would fence in the abutting lot's front yard. The ordinance regarding pools requires only a four -foot fence if a fence is the safeguard to prevent children from gaining uncontrolled access. In fact, because the ladder to the pool can beretracted, the ordinance does not actually require a fence. The Ramsays are concerned about children climbing a four -foot fence and gaining unsupervised access to the pool. Staff was unable to contact the neighbors on the abutting lot due to their phone number being unlisted. The Ramsays have said they are amenable to constructing the six -foot fence as far back from the road as possible while still enclosing the pool. Findings for Variance In considering all requests for variance and in taking subsequent action, the City shall make a finding of fact: • 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.