2011/04/20 Council Agenda Packet

3 7:15:24 PM • Mike Brust, 4927 Delaware Avenue, asked if someone built an 8 foot fence with the proper setbacks, is there a code requirement for the fence to be landscaped and maintained. Mr. Giffen responded that there are other regulations in the code that address property maintenance but those regulations are not part of the fence code. Mr. Brust asked about the fence height along the rear of a corner lot if there is no alley. Mr. Giffen responded that fences are allowed to be a maximum of 8 feet in height if the fence location complies with the setback,requirements even if there is no alley. He asked about the chain link fence prohibition. Mr. Giffen responded that fences should meet the historic character of the core residential neighborhood. Chain link fences are allowed in other areas of the City. He asked if there was a variance process for an exception to the regulation. Mr. Giffen responded that the applicant would have to meet the variance criteria and as part of that would have to show that a chain link fence is not the result of a self created hardship. It would be hard to imagine supporting a variance in the Core Residential Area for a chain link fence. 7:20:39 PM Vicki Rosenau, 2307 Maple, stated that she was concerned about razor wire placed on top of fences in the downtown core. She was also concerned that there were a number of other fences in the area that do not comply with the City's current regulations. 7:24:21 PM Motion: Commissioner Chase made a motion to close the public hearing. Commissioner Murphy seconded the motion. Vote: Commissioner Adams, yes; Commissioner Murphy, yes; Commissioner Hale, yes; Commissioner Chase, yes; Commissioner Olivers, yes; and Chair Sosin, yes. Motion Carried. 7:24:57 PM Commissioner Murphy asked if there were regulations for razor wire. Mr. Giffen responded that razor wire was not allowed in residential zones; however, it was allowed in commercial and industrial zones when it is not on an arterial street. Mr. Ingalsbe added that razor wire was not allowed in areas that were visible by residential property. Commissioner Murphy asked if Code Enforcement could be contacted if the razor wire did not comply with the regulations. Mr. Giffen responded yes. 7:26:17 PM Chair Sosin asked staff to follow-up on whether or not the fences with the razor wire as presented by Ms. Rosenau complied with the Code, and asked to be updated at an upcoming meeting. Commissioner Hale commented that if property owners felt that razor wire was needed for security, there should be a way to face the razor wire in at an angle to be invisible from the outside of the fence. 7:27:39 PM Commissioner Adams suggested a revision to the language in (3)(b) - change the words "side setbacks" to "building setbacks" in response to Mike Brust's testimony. Motion: Commissioner Olivers made a motion to adopt the staff recommendation with the following amendments to Exhibit A: 22