755 BHR Staff Presentation
755 Blossom Hill Road
Town Council Meeting
January 17, 2023
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ITEM 15: 755 Blossom Hill Road
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Fence Height Exception FHE-21-003
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Background
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Background
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Background
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Discussion
Per Town Code Section 29.40.0315 (a)(3), fences and gates may not exceed a height of three feet when located within a required front or side yard abutting a street, driveway view area,
or traffic view area. The required front yard setback in the R-1:10 zone is 25 feet.
Per Town Code Section 29.40.0315 (b)(1)(c), barbed or razor wire fences, including any fence with attached barbs, sharp points, or razors materials are prohibited.
Per Town Code Section 29.40.0315 (c)(3), vehicular gates shall be set back from the edge of the adjacent street a minimum of 18 feet.
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ITEM 15: 755 Blossom Hill Road
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Attachment 1 Exhibit 10
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Findings for an Appeal
Pursuant to Town Code Section 29.20.295, in the appeal, and based on the record, the appellant bears the burden to prove that there was an:
Error or abuse of discretion by the Planning Commission, or
That its decision is not supported by substantial evidence in the record.
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Findings for a FHE
one (1) of the following conditions exist:
Adjacent to commercial property, perimeter fences or walls may be eight (8) feet if requested or agreed upon by a majority of the adjacent residential property owners.
On interior lots, side yard and rear yard fences, walls, gates, gateways, entry arbors, or hedges, behind the front yard setback, may be a maximum of eight (8) feet high provided the
property owner can provide written justification that either:
A special privacy concern exists that cannot be practically addressed by additional landscaping or tree screening; or
A special wildlife/animal problem affects the property that cannot be practically addressed through alternatives. Documented instances of wildlife grazing on gardens or ornamental landscaping
may be an example of such a problem.
At public utility facilities, critical infrastructure, and emergency access locations, exceptions may be granted where strict enforcement of these regulations will result in a security
or safety concern.
A special security concern exists that cannot be practically addressed through alternatives.
A special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship.
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ITEM 15: 755 Blossom Hill Road
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755 Blossom Hill Road
Town Council Meeting
January 17, 2023
Questions?
CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A FENCE HEIGHT EXCEPTION REQUEST FOR CONSTRUCTION OF A SIX-FOOT FENCE LOCATED WITHIN THE REQUIRED FRONT YARD SETBACK AND
A VEHICULAR GATE SET BACK LESS THAN 18 FEET FROM THE EDGE OF THE ADJACENT STREET ON PROPERTY ZONED R-1:10. LOCATED AT 755 BLOSSOM HILL ROAD. APN 523-04-043. PROPERTY OWNER/APPELLANT:
DAVID AND ILANA KOHANCHI. APPLICANT: NINA GURALNIC.
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