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FILE 06-3248 <br /> - November 20,2006 <br /> Page 3 of 3 <br /> Issues for Consideration <br /> Privacv: The applicant states he has a right to privacy. While a person does have a right to <br /> privacy, it is not absolute. Zoiung regulatioiis allow tlie niunicipality to regulate amount of <br /> privacy an iiidividual niay enjoy on residential property in order to protect tlie public health, <br /> safety, morals, comfort, conveiuence and geiieral welfare. Regulation of fence height is <br /> more than an aesthetic issue. Tall opaque fences can conceal a housebreaking or an assault. <br /> When erected between the house and the street tliey liinit the "iiahlral surveillance" that <br /> makes the st�eet safer because the potential offeiider does not know wlio inight be watclung <br /> froin adjacent houses or yarcls. <br /> Securitv: The applicant has coiicerns about his security, partially based on lus limited <br /> mobility caused by his disability. Tlie concerns are valid; however Staff finds there are other <br /> ways to address it. The applicant appears to leave the exterior door twlocked. Locking it and <br /> installing an intercom would allow him to keep uilwelcome persoiis out of the house. The <br /> fence does not enclose the entire property. Someone could easily reach the house by going <br /> azound the fence. If someone were to try to break into the house the lugh fence makes it less <br /> likely they would be seen by a passerby or someone in a neighboring house. If the applicant <br /> were to fall or become ill outside the fence would make lum less visible. � <br /> Propertv Vahies: The applica.ut states the reduction in fence height resulted in a substantial <br /> reduction in tlie value of his propei-ty. If any reduction occurred it is very small. It is <br /> pennissible for zoning regulations to reduce the value of a property as long as the reduction <br /> is small and tliere is direct relation to the ptuposes of the regixlations —to protect the public <br /> health, safety and welfaxe. The connection between fences and crime is well known. <br /> Others are in violation: The applicant states there are many others in violation of�1ze fence <br /> height ordinance. He provided Staff with a large munber of photos of fences he thought to be <br /> in violation. Staff reviewed the photos. Some were in other cities. Many were on lakeshore <br /> lots on County roads, where six foot fences are permitted. Most of the others were board rail <br /> fences. Board rail fences may be up to five feet high for the purpose of enclosing domestic <br /> � animals. About three properties appear to be in violation. Staff will follow up if the Council <br /> so directs. <br /> Are�liere a.�ly otlier issues for coiisideratiou? � <br /> Staff Recommendation <br /> Plaiuiuig Staff reconuliends deiv.al of tlie fence heigl�t variance as detriniental to public safety <br /> and as not witlun the paraineters fouud in City Ordiilaiice Section 78-123. <br />