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3A Public Hearing 2008 0107
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3A Public Hearing 2008 0107
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1/15/2008 12:47:48 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
1/7/2008
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_CC Agenda 2008 0107
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\City Clerk\City Council\Agenda Packets\2008\Packet 2008 0107
MO 2008-001
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\City Clerk\City Council\Minute Orders\2008
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Joint BZA/PC Worksessio~a Minutes November 8, 2007 <br />Agenda No. 07-2~ Page 4 of 7 <br />wires spaced four inches apart and horizontal preserves the view much more than if it is <br />vertical. <br />Commission Secretary Livermore said that the transparent nature of the material would <br />have to be confirmed by the ZEO. <br />Commission Chair Reed suggested that perhaps the language could specify a certain <br />maximum percentage of the solid mass of the wire. <br />Commissioner Dlugosh is concerned that such an approach would make chicken wire <br />acceptable, even though it is not aesthetically pleasing. <br />Commission Secretary Livermore noted that both glass and Plexiglas are expensive and <br />may need to be replaced frequently if problems with transparency emerge. Chicken wire, <br />on the other hand, does disappear. <br />Commissioner Dlugosh said that if he's spending more than a million dollars on a home, <br />he doesn't want to look at chicken wire on his neighbor's downhill property. <br />Commissioner Finberg introduced another option, welded wire, which is similar to <br />chicken wire but less flimsy. <br />Commissioner Collier said that it seems if a property owner wants to use wire, a sample <br />would have to be provided. <br />Commissioner Abero said she would prefer chain link to chicken wire, and wondered <br />about the specific exclusion of chain link. <br />Commission Chair Reed said that this discussion is necessary because we're starting <br />from scratch. If we make a mistake, we can change it. He expressed confidence in the <br />ZEO and staffs understanding of the intention, which can go a long way toward <br />arbitrating appropriate materials. <br />Board member Daly asked what happens if the ZEO approves a certain fence and the <br />complaining neighbor doesn't agree. Could the complainant appeal the ZEO decision? <br />Planner Penaranda said that appeals of ZEO actions go to the BZA. He confirmed that <br />in fence modification situations, neighbors are notified. <br />Commission Secretary Livermore said that usually when adjacent property owners are <br />notified, they can provide input in advance of the ZEO's action. If concerns are pertinent <br />to the request, the ZEO can take them into consideration. Another option to consider is <br />requiring all fences beyond three feet to go through the fence modification procedure. <br />She said that at least one fence was constructed that has totally blocked the uphill <br />neighbor's view, which came to the Planning Commission's attention. These neighbors <br />are in the audience and will have an opportunity to comment at that time. Although the <br />idea of regulations to preserve views in light of fences, walls and hedges sounds easy, she <br />said, it is clear that it becomes much more complex once you get into it. <br />Commissioner Dlugosh understands that the ZEO is trying to avoid subjectivity, but <br />says that if you are going to allow certain types of materials that are questionable, the <br />ZEO will have to make the decision whether, for example, chicken wire is as acceptably <br />pleasing as wrought iron. <br />
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