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Joint BZA/PC Worksession Minutes November 8, 2007 Agenda No. 07-21 Page 3 of 7 Commissioner Abero is also concerned about the deterioration of these products. She asked if it is appropriate to include language in the code requiring rehabilitation or replacement if the issue of maintenance, when the material becomes non-transparent, is addressed. Board member Gilcrest asked whether the ZEO should have the authority to compel replacement if a transparent material degenerates into a translucent state. Commission Secretary Livermore noted that generally speaking, the ZEO's handling would be complaint-based. Whenever possible the ZEO wants objective (rather than subjective) standards in the code, so staff will work on the language addressing these concerns before this item comes to the Planning Commission on December 13 Commissioner Abero asked whether ornamental ironwork had been considered. Commission Chair Reed recommended against it. Commission Secretary Livermore said ornamental ironwork would not be considered transparent. Commissioner Finberg said that because her husband works for an ornamental iron company, she has seen very fine-gauge ornamental iron that is more beautiful than wire. It is not necessarily big, chunky black material. Commissioner Collier agreed, pointing out that some ornamental ironwork is practically invisible. Commission Secretary Livermore suggested that perhaps the fence modification might handle questions of ornamental iron and thin wire fencing materials to ensure use of an appropriate gauge. Board member Gilcrest said that the way he reads the proposed language, if the ornamental iron is of a very fine grade it already would be included. He quoted the passage, "wire or other transparent material." Wire in itself, he said, is not transparent. If ornamental iron equals the visibility/invisibility of wire it should be definitionally permitted in this language. Commission Secretary Livermore asked whether including a particular maximum gauge would be possible, because the goal is to have specific language in the code. Because the ZEO is the one to interpret the code, it needs to be as objective as it can be. Board member Shields noted it would be appropriate to see samples to be able to discuss it, and to know what is available. Commissioner Dlugosh recommends leaving the issue open until the ZEO or someone decides what materials meet the spirit of the ordinance. Planner Miller noted that some communities reviewed allow wrought iron fences. Commission Chair Reed said care in creating the language would be needed because people could otherwise skirt the intention of the ordinance. Commissioner Collier suggested that perhaps wire might be something the ZEO could clarify, because, for instance, she does not consider half-inch wire transparent, but it is more transparent when it runs horizontally than when it runs vertically. Thus, half-inch