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Joint BZA/PC Worksession Minutes November 8, 2007 <br />Agenda No. 07-21 Page S of 7 <br />Commission Secretary Livermore said that the fence modification procedure might be <br />appropriate in a case where affected neighbors, for instance, have no objection to chicken <br />wire. <br />Commissioner Abero questioned whether going with the "neighbor agreement" option <br />would be workable, because properties change hands, and a new owner might not agree <br />with a prior owner's viewpoint. <br />Board member Gilcrest suggested that if specificity in the language is important, <br />Commissioner Collier's suggestion of a maximum gauge is a good one. If technology <br />evolves to the point that higher gauges become more transparent, we have the fence <br />modification procedure to deal with that, or the ZEO could determine that a new higher- <br />gaugematches the transparency of a lower-gauge product. <br />Commissioner Ponder raised some questions about fence height. First, does the 7 feet <br />include retaining walls? <br />Commission Secretary Livermore said that the proposed language is working with the <br />concept of the natural grade, so if there is a retaining wall, the natural grade would be <br />factored in. You would discount the fact that the retaining wall is there, and look at what <br />the fence height would be at natural grade. She explained that an entire meeting was <br />devoted to this topic, and the ZEO felt that the most appropriate solution was to look at <br />natural grade versus the "uphill" or "downhill" side of a fence, with the difference being <br />only the width of the material. <br />Board member Gilcrest sees a problem with using natural grade as a definition in the <br />context of specificity in the language. If you assume the retaining wall is functional, if it <br />is removed the natural grade is somewhere in the middle of the retaining wall, so you are <br />creating an estimation process. <br />Commission Secretary Livermore said she would ask the ZEO William Schock to <br />come to the December 13 Planning Commission meeting to clarify these issues, <br />particularly as it relates to the natural grade, which the ZEO himself preferred because of <br />its objective nature. <br />Commissioner Dlugosh said he favors the idea of the ZEO not only clarifying issues, <br />also but also hearing Commissioners' concerns and thoughts first-hand. <br />Commission Secretary Livermore again indicated that public comments on this topic <br />would be welcome during the public comment period following the work session. <br />Item 2: Limited Online Used Vehicle Sales <br />(b) Matter of consideration of amendments to the Zoning Code including <br />• Article 3, Section 1-304 <br />• Article 6, Sections 2-606, 2-612, 2-704, 2-706 and 2-708 <br />to allow for limited online sales of used vehicles in the CC, CS, IL, IG and IP <br />Districts. <br />Commission Secretary Livermore noted that the Internet has allowed a lot of creative <br />people to take on side work selling used cars. The way the Zoning Code currently reads, <br />sales or leasing vehicles requires a use permit in any District in which such activity is <br />