HomeMy WebLinkAboutCouncil Resolution 893RESOLUTION NO. ~'~-:~
A RESOLUTION ISSUING A FINAL ORDER
ON THE APPEAL OF THE PLANNING COMMISSION DECISION
DENYING A FENCE VARIANCE AT 619 PALO VERDE WAY
(Appellant: Dennis Murphy)
(372W IOBA Tax Lot 1200)
Recitals
This matter came before the City Council of the City of Central Point, Oregon, for
hearing on August 24, 2000 and again on September 14, 2000, on appeal of the
Planning Commission decision denying a Fence Variance for Dennis Murphy, 619
Palo Verde Way, Central Point. The City Council reviewed the findings of fact and.
conclusions of law adopted by the Planning Commission, and received comments
from all persons wishing to be heard on the matter.
Now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT,
OREGON, AS FOLLOWS:
Section 1. Criteria Applicable to Decision. The following chapters of the Central Paint
Municipal Code apply to this appeal:
A. Chapter 1.24, Public Hearings Procedures;
B. Chapter 15.20, Fences;
C. Chapter 17.20, R-1, Single-Family Residential District.
Section 2. Granting of Appeal. The City Council hereby grants appellant's request and
reverses the decision ofthe Planning Commission to deny the Fence Variance as hereafter modified:
The northerly and easterly fence sections may remain on the property as constructed.
The westerly fence section shall be modified so that the height of the fence section
in no higher than six Feet six inches (6' 6") at any point as measured from the grade
of the adjoining property to the west (372W l OBA Tax Lot 1100).
Section 3. Findings of Fact and Conclusions of Law. The City Council hereby adopts by
the Following findings of fact and conclusions of law in support of its decision in Section 2:
The strict application of the provisions would result in unnecessary hardship on the
applicant. A solid woad fence was constructed and subsequently reconstructed along
one property boundary by the applicant in an attempt to satisfy neighbors and to
comply with the direction provided by City staff.
2. The variance will provide advantages to the neighborhood or the city. The
construction of a new fence has been a significant improvement over a previously
dilapidated fence. Two of three neighbors have asked. that the fence height remain
as-is for reasons of appearance and security. A third neighbor, Mr. & Mrs. Lefler,
have agreed to a fence height, measured from their side, not to exceed six feet six
inches (6' 6").
3. The variance will provide beautification to the neighborhood or the city. The
applicant has invested time and money in fencing and landscaping for his property
which likely has resulted in increased property value and is an overall benefit to the
neighborhood.
4. The variance will provide safety to the neighborhood or the city. The applicant and
his neighbors to the North and East believe the fence offers better security. The
fence in constructed of solid wood, is more stable than the previous fence and. the
height makes it more difficult to scale.
5. The variance will provide protection to the neighborhood or the city. An increased
fence height offers additional protection to the neighborhood since it is more stable
and taller than the previous fence surrounding the property.
6. The variance will not have any adverse impacts upon the neighborhood. Two
neighboring property owners have submitted letters requesting that the fence remain
at its current height. Other neighbors testified at the public hearing in favor of the
new fence height. The Leflers, who share a common westerly property line, have
agreed to a fence height, measured from their side, not to exceed six feet six inches
(6' 6").
7. The variance will utilize property within the intenC and purpose of the zone district.
Wood fences like the one constructed by the applicant are commonly constructed in
residential neighborhoods. YY~~{{
Passed by the Council and signed by me in authentication of its passage this day of
~p~, 2000..
ATTEST:
City Representative
i .(~~C(,---~
Mayor Bill Walton
Approved by me this ~~ day of ~%JYt~M , 2000.
~yl iay~or Bill Walton