HomeMy WebLinkAboutMinutes HO 10-28-19 (V)Minnaar Residence,Fence.
7. The applicant seeks the following development standards variance approval for a fence along Main St.:
Docket No. 19090028 V UDO Section 5.09.B.5 Max.6' tall fence allowed when set back 6',8' fence
proposed with 0' setback.The site is located at 3 Ironwood Ct.,also with frontage on E. Main St.(Lot 199 in
Cool Creek North Subdivision). It is zoned RI/Residence. Filed by Shannon and David Minnaar,owners.
Petitioners: Shannon Minnaar:
• Our next door neighbor is in support of our request and would also like to build an 8' fence. He will go through
the variance process if we are approved.
• We have dealt with noise and privacy issues. People have been cutting through our yard from the multi-use path.
• There was a wired farm fence in our backyard but the City removed it when they installed the multi-use path that
runs along Main Street.
Public Comments: None
Department Report Angie Conn:
• Staff is supportive of this variance request as long as the fence is on the property line and 6' in height.The
Petitioner is requesting an 8' tall fence.
• Their info packet depicted the fence more in the City's ROW and we don't allow that. David Minnaar: Main
Street is 2' higher than the multi-use path. Our property line is 6'-8' further downhill. The 8' fence wouldn't
actually be an 8' fence with the decrease in grade change.A 12' fence would be high enough to allow us privacy
from Main Street and we are requesting an 8' tall fence. Our neighbors actually have an 8' tall fence.There are
also 8' fences along 136th Street.
Board Comments: Leo Dierckman:
• Your neighbors will have to get approved for their 8' fences. The City does not want to do 8' fences. You could
build a mound/berm and place a 6' fence on top of that to achieve an 8' fence. David Minnaar: I thought the
City would not allow a berm with a fence on top. Angie: We measure from the adjacent ground beside the
mound/berm,so you will still have the same issue. The mound could help absorb the sound. Shannon Minnaar:
I have a video of the sound from Main Street heard from my backyard. Placing the fence down grade and off the
property line is not very practical since people could still see in our backyard from Main Street and the path. We
would like to keep people out of our property. The traffic has gotten worse,and the City removed some of the
trees and shrubs that were a sound barrier between our home and Main Street when they installed the path.
• I'm not going to approve an 8' fence tonight. A 6' fence should be able to achieve what you are trying to do. I
understand you have special circumstances.
• What are our options other than me denying their request?Should they be heard at the full BZA? I don't want the
Petitioners to have to re-do this process. John Molitor: You can grant a variance for a 6' fence without any
setback. If they want to place the fence on the City ROW then they would need approval from BPW.
• Angie, are you familiar with the 8' fences in this area? Angie: I am not. They might be part of a subdivision's
perimeter fence. I will do some research and site visits. Leo: There's more information we need to obtain and I
would like to table this item for two weeks to make sure we do this right.
Docket No. 19090028 V will continue to the November 12 BZA Special Hearing Officer Meeting
Meeting adjourned at 5:46 p.m.
Leo Dierckman—Hearing Officer Nathan Chavez—Recording Secretary
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BZA Hearing Officer Minutes 10-28-19