Agenda Item Title
Title
Mr. Steven Spencer and Mr. Jeremy Shipler have jointly filed a request to amend Title 15A, Chapter 28, Fencing, Land Use Development Code, Revised Ordinances of Sandy City, 2008. The purpose of the code amendment is to consider changing the allowable height of a residential fence in the side and rear yards. The request is to modify the regulations in order to increase the height of a fence from six feet to eight feet.
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Presenter
Presenter
Brian McCuistion
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Description/Background:
Historically, the Land Use Development Code has allowed a six foot fence in side and year yards for corner and interior lots. Within the front yards there are height limitations of three feet for opaque fencing and four feet for open style fencing.
The two applicants have submitted a code amendment request which would allow them to have an eight foot fence in the side and rear yards. Mr. Spencer lives on a corner lot and believes that having a taller fence would reduce the amount of trash being thrown over his fence from pedestrians. Mr. Shipler would like a taller fence to provide more privacy for his family (see attached letters from both applicants).
The Planning Staff is recommending that we continue to have the six foot rule, with the ability to have the Community Development Director (or the Planning Commission if the Director chooses to have them review the request) approve up to an eight foot fence if justified by particular circumstances of the property. If approved, the applicant would then be required to notify the abutting neighbors and obtain a building permit.
Also with this possible code amendment, staff would like to clarify another section of the fencing chapter. A recent residential development was required to install a precast fence around the perimeter of the project. The developer put in a RhinoRock concrete fence. According to the website, the RhinoRock wall panel outer shell is clad with a high performance concrete that is heavily fiber reinforced. The interior of the panel is an expanded polystyrene foam core. The columns and cap are made of solid precast concrete. This unique structural design yields a panel that is 90% lighter than a typical concrete fence panel.
A concern was raised by a neighbor that the developer was not installing a precast concrete fence. The developer and a representative from RhinoRock met with staff to educate us about this fencing product. It was determined that because the Land Use Code does not identify approved fencing materials, this type of fence should be allowed.
Under Section 15A-28-03 - Fences - Residential Standards, staff would like to add new language clarifying approved fencing materials. These approved materials would include lumber, vinyl, chain-link, wrought iron, precast concrete panel, concrete block, or other solid durable materials as the Director may approve. The RhinoRock type of fence would fall within the other solid durable materials that could be approved by the Director.
Recommended Action and/or Suggested Motion:
Recommendation
The Community Development Department requests that the City Council adopt the proposed ordinance amendment as shown in exhibit "A", attached, for the following reasons:
1. Compliance with the Purpose of the Land Development Code by creating consistency and equitable standards and procedures for residential fencing within Sandy City.
2. Compliance with the Goals and Policies of the General Plan by establishing appropriate development standards for all uses and zoning categories within Sandy City.