HomeMy WebLinkAboutResolution 568 - Brookfield Estates, Ph. 1 & 2, and Lindsey Meadows.... >-~t:i d
PLANNING COMMISSION RFSOLUTION NO. 568
A RESOLUTION GRANTING A FENCE VARIANCE 'I'O ALLOW CONSTRUCTION OF
FENCES WITHIN STREAM SETBACK AREA FOR BROOKFIELD ESTATES SUBDIVISION
PHASE 1 & 2, AND INCLUDING LINDSEY MEADOWS SUBDIVISON
{Applicant: Mahar Brothers)
{37 2W IOBB)
Recitals
This matter came before the Planning Commission for heari ng on April 1, 2003, on applicant's
application for a variance. Applicant requested a fence variance. The Planning Con~unission reviewed the
application and the City staff reports, and received comrnez~ts from all persons wishing to be heard in favor
of and opposed to the application.
Now, therefore;
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL
POINT, OREGON, AS FOLLOWS:
Section I . Criteria A licable to Decision. The following chapters of the Central Paint
Municipal Code apply to this application:
A. Chapter 15.20; Fence Variance
B. Chapter I7.80, Variances.
C. Chapter 17.60, Special Setback Requirements
Section 2. Findin sand Conclusions. The Planning Commission hereby adopts by reference
all Ending of fact set forth in the City staff reports, and concludes that applicant has demonstrated
eornpliance with the requirements of CPMC Chapter 17.$0, pertaining to variances.
Section 3. Variance Granted. Applicant is hereby granted approval for the requested variance
consisting of a fence variance for properties located within the Brookfield Estates Subdivision, Phases I &
II, and including Lindsey Meadows in this Resolution to construct fences within a special stream setback
area as set forth in the draft fence ordinance attached hereto and by this reference incorporated herein..
Passed bythe Planning Commission and signed by zx~e in authentication ofits passage this _I st
day of April , 2003.
~ ~~
Planning Commission Chair
ATTEST:
City Re rntative
Approved by zx-ze this 1st day of
April , 2003.
Planning Cozxxzzxissiozx Chair
Page 2 -Planning Cozxxmissiozx Resolution No. 56$ {04012003}
£xhiF~i.t `:.~ „
Chapter 17.57
Fences
Sections:
17.57.010 Chapter Application
17.57.020 General Regulations
17.57.030 Fences in the Stream Setback Area
17.57.040 Prohibited Fence Types
17.57.OS0 Violation-Penalty
17.57.010 eha ter A lication. This chapter will apply to all zone classifications within the city
as listed in Title 17 of this code. All of the provisions of Chapter 12.20 and Title 17 relating to
the location and placement offences are also applicable to fences affected by this chapter,
provided that the special setback requirements of Section 17.60.090 will not apply to fences.
(Ord. 1781 2, 1997: Ord. 1674 (part), 1992).
17.57.020 General Regulations
Fence Re ulai ions
R-L R-1 R-2 R-3 CN G2 rrj G-~t G5 M-1 M-2
Fence Permit Re uirEd Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Front Yard Setback
For 6' Fence 20'
a,b &c 20'
a,b 8~c 2fl'
a,b &c 20'
a,b &c 20'
a,b &c 20'
a,b Sic 10'
a,b &c 10'
a,b &c 10'
a,b &c 10'
a,b &c
Sideyard Setback
Rear Yard Setback D'
0' 0'
D' 0'
fl' D'
o' 0'
fl' 0'
0' 0'
D' fl'
D' fl'
fl' 0'
0'
Comer Lot 0' b 0' b 0' b D' b 0' b fl' b 0' b 0' b 0' b 0' b
Barriers For pools d d d d d d d d d d
Masonary Walls, Retaining
Walls, or Fences over
B' in hei ht (e) (e) (~:) {e) (e} (e) (e) (~} {e} (e)
Setback for Gates 20' 20' 2D' 2D' 20' 20' 20' 20' 2fl' 20'
Variance
{A) 42" High maximum fences allowed within front setback area
{B} No fencing will conf3ict with the site distance requirements set by the Public Works Department.
{C} Fence height will be measured from the finished grade on the side nearest the street.
(D} Barriers around swimming pools, as required by the 2000 State of Oregon One and Two-Famiiy Dwelling Specialty Cale
Appendix B; and the 1998 Oregon Structural Specialty Cade, Appendix Chapter 4;
(E) Fences more than six feet tall; Masonry Walls; Retaining walls more than four feet in height measured from the bottom of the
footing to the top of the wall; and Retaining walls, any height, supporting a surcharge.
{F} Requests for fence variances shall be made by application on such form as designated by the city administrator and will be
reviewed in accordance with Chapter 1.24.
17.57.030 Fences in the Stream Setback Area
A. Fences are allowed within the building setback for properties abutting a stream as long as they
meet the following criteria:
1. Fences are prohibited inside a floodway as designated on the Federal Insurance
Rate Maps (FIRM} for Central Point.
2. A setback of five feet {5') from the top of the stream bank is required for all
fencing. This allows for periodic inspection of the creek channel by the City.
3. Fences built paralleling the creek must be built in removable sections. A
maximum section width is eight feet (S'}.
4. Twelve feet (12') minimum gates must be installed in-between properties that
border the creek.
5. Irrigation systems should be designed to allow for Public Works Vehicles to
navigate in the setback area.
6. hrigation systems, fencing or other objects that are damaged in a flood event by
the City of Central Point will no# be replaced by the City
1.7.57.040 Prohibited Fence Types
A. Barbed Wire Fencing, or other like material, which creates an unreasonable or
unnecessary risk of injury.
17.57_.(}40 Violation Penalty. Any person violating any provision of this chapter will, upon
conviction thereof, be subject to the general penalty. Upon discovering any violation of the
restrictions imposed by this chapter, except a violation of Section 17.20.020, it will be the duty
of the city administrator, or his designee, to give written notice of the violation to the person in
possession and control of the premises on which the offending fence exists or is being
constructed, with a demand that the same be forthwith made to conform to this chapter. Upon
receipt of such notice, the person responsible for ht structure will be deemed to be guilty of a
separate offense for each day during which the fence is thereafter permitted to exist in violation
for the restrictions of this chapter.