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Zoning File #1604 <br />November 15/ 1990 <br />Page 4 <br />kU;?k- <br />The final issue for the Planning Connnission to review is <br />with regard to the pillars constructed approximately every 20-30* <br />oi the perimeter of the property. This interpretation is <br />requested by staff/ since the Code is somewhat unclear cn this. <br />1.The pillars in questions are approximately 18"-24" on a <br />side/ and range from 3'-6* in height above grade. Are <br />these pillars considered as a fence, or are they <br />considered as accessory structures? Zoning Code does <br />not define a fence. Pillars are intended to have <br />bushes between them, with the intent of providing a <br />barrier at the property line. <br />2. <br />1. <br />Is the side yard adjacent to the street considered a <br />side yard for fence purposes? If so, a 6* fence would <br />be allowed along Navarre Lane. On the other hand, if <br />for fence purposes the Navarre Lane side yard is <br />considered as a second front yard, the maximum fence <br />height a^ ov ,*d would be 3 1/2*. <br />3.Because the Code does not address nonencroachments for <br />a side yard adjacent to a street, and because only the <br />principal structure setbacks are defined for a side <br />yard adjacent to a street, the Code gives no direction <br />as to whether accessory buildings would be allowed <br />within the required side yard adjacent to a street. In <br />the past, staff has taken a conservative approach and <br />generally allowed no accessory structures within the <br />required side yard adjacent to a street. <br />4.Does the fact thct the wetland parcel is not legally <br />combined with homestead parcel, have any bearing on <br />your view of this property? <br />5.If this property is considered a'through lot, then do <br />you agree that a 6* high fence would have to be at <br />least 30* from the rear lot line? <br />Attached in Exhibit J are excerpts from the Code which may <br />help in your interpretation of the above questions. Please <br />direct staff and applicant as to whether the pillars in question <br />are allowed as is as a fence, or whether they should be subject <br />to a building permit or variance application. <br />Isv <br />1