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HomeMy WebLinkAbout2013.07.25 BOZA MinutesMINUTES HUGO BOARD OF ADJUSTMENTS AND APPEALS July 25, 2013 Chairperson Weidt called the meeting to order at 6:30 p.m. PRESENT: Boland, Gwynn, & Weidt ABSENT: None ALSO PRESENT: Bryan Bear, City Administrator Rachel Juba, Planner Approval of Minutes Gwynn made motion, Weidt seconded, to approve the minutes for July 12, 2012, as presented. All Ayes. Motion carried. Ettesvold — Variance for Fence Planner, Rachel Juba, presented the application to the Board. The property is a corner lot and has two front yards. The twin home faces 146th Street and the fence would be located along Geneva Avenue North. The zoning ordinance prohibits six-foot high privacy fences in a front yard. A front yard is defined as the yard between the home and a public street. Ordinance limits the height of a fence located in a front yard to a maximum of four feet. All other yard areas are allowed to be a maximum of six feet in height. The applicant is requesting a variance to allow a six foot fence to be located in a portion of the front yard. Planner, Rachel Juba, stated that the application did not meet all the requirements necessary to approve a variance. In addition, the applicant is allowed to construct a fence at four feet in height or landscaping in the same location that complies with the zoning regulations. Staff recommended denial of the variance application. Staff also stated that they have received several requests to allow fences six feet in height in a portion of the front yard on corner lots. If the Board believes the fence regulations should be reviewed, it should make a recommendation to the City Council to authorize the Ordinance Review Committee (ORC) to review the fence ordinance. Chairperson Weidt opened the public hearing. David Ettesvold, 6010 146th Street, the application spoke during the public hearing. The applicant stated that the six foot fence would provide safety for children in the yard, keep his dog in the yard, and would act as a noise barrier. The applicant talked about the uniqueness of the property as a twin home on a corner lot. He stated that he recently bought the twin home and has made several improvements. During the improvement process he purchased the fence material, not understanding that there were different height requirements for the front yard. Board of Zoning and Adjustments Meeting — July 25, 2013- page 2 Chairperson Weidt closed the public hearing. The Board agreed that the variance request did not meet the approval criteria. Gwynn made a motion, Boland seconded, to recommend denial of the variance application to the City Council. Gwynn made a motion, Boland seconded, to recommend to the City Council to authorize the Ordinance Review Committee (ORC) to review the fence ordinance. Adiournment Weidt made motion, Gwynn seconded, to adjourn at 6:50 p.m. All Ayes. Motion carried. Rachel Juba Planner