SUBJECT: Consideration Of A Resolution Of The Board Of Adjustment Of The Town Of Erie, Colorado, Granting A Variance For A Perimeter Fence For The Orchard Glen Filing No. 1 At Meadow Sweet Farm Subdivision, Erie, Colorado; And, Adopting Certain Findings Of Fact And Conclusions Favorable To The Variance.
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DEPARTMENT: Community Development
PRESENTER: R. Martin Ostholthoff, Director
STAFF RECOMMENDATION: Staff finds the Variance request meets the applicable Approval Criteria recommends the Board of Adjustment approve the requested Variance.
Recommendation
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SUMMARY AND BACKGROUND OF SUBJECT MATTER:
TO: Board of Adjustment
FROM: R. Martin Ostholthoff, Community Development Director
SUBJECT: Request for Variance to Perimeter Fencing Standards
CODE: Erie Municipal Code, Title 10
FILE NO: VA-000742-2016
Applicant: Orchard Glen Homeowners Association
746 Pope Drive
Erie, CO 80516
HOA Representative: Cheryl Bonham, Vice President
Location: Orchard Glen Filing No. 1 at Meadow Sweet Farm Subdivision
Background:
The Orchard Glen Homeowner’s Association (“HOA”) has inquired about replacing an existing 6 foot solid wood perimeter fence that is adjacent to Erie Parkway and 119th Street. The HOA intends to maintain the existing with 6 ½ foot tall brick columns that are integrated into the perimeter fence.
The Orchard Glen Filing No. 1 at Meadow Sweet subdivision plat was approved in 1995. The existing perimeter fence has begun to deteriorate to the point that replacing the fence is the preferred option versus on-going maintenance of the existing fence.
The HOA fence replacement proposal as submitted requires a Variance to four Sections of Title 10 of the Town of Erie Municipal Code (Code). The specific Code standards requested to be varied are:
1. 10.6.2.D.2.a.ii. - All fencing facing the [Erie] Parkway shall be a maximum of 4 feet in height and should have an open character, such as split rail or picket. Opaque fencing is prohibited.
Applicant Request: Applicant is requesting replacement of a 6 foot solid wood perimeter fence that has 6 ½ foot tall brick columns adjacent to Erie Parkway.
2. 10.6.4.D.9.b.iii. - Perimeter fencing shall include columns with a maximum spacing of 50 feet.
Applicant Request: Applicant is requesting the existing brick columns that are placed approximately 100 feet apart on property corners be allowed to remain in place without adding additional columns.
3. 10.6.4.D.9.b.vii. - The maximum length of continuous, unbroken, and uninterrupted fence plane shall be 150 feet.
Applicant Request: Applicant is requesting a continuous fence plane in excess of 150 feet.
4. 10.6.4.D.9.b.viii. - Fences or walls shall not exceed five feet in height.
Applicant Request: Applicant is requesting replacement of a 6 foot solid wood perimeter fence that has 6 ½ foot tall brick columns.
Approval Criteria for Granting of Variance:
Per the Town of Erie Municipal Code, Title 10, Chapter 7.9.B.9.a., The Board of Adjustment may approve a Variance only if it finds that all of the criteria below have been met.
The Variance application was reviewed by staff for conformance with the Approval Criteria. Staff finds the Variance in compliance with the Approval Criteria as listed below and is recommending approval.
i. There are unique physical circumstances or conditions, such as irregularity, narrowness or shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected property;
• Staff: Unique physical circumstances exist on the property because the subdivision was platted prior to the Code requirements of providing:
§ A 30-foot landscape buffer adjacent to Erie Parkway. The lack of this buffer affects the privacy of the lots backing to these roadways. It is reasonable for the affected homeowners to maintain their current level of privacy provided by a 6 foot solid material fence with 6 ½ foot brick columns.
§ Columns with a maximum spacing of 50 feet apart. The column placement at the corner of each lot was above the fencing requirements of when it was constructed. The existing columns keep the character intent of the current regulations.
§ Variation in the perimeter fence location. The lack of this variation in the majority of the perimeter fence location has created linear stretches of fence that exceed the 150 foot plane requirements. There are two planting pockets along Erie Parkway and the majority of the perimeter fence along 119th Street is set back behind a detention pond. As this is a platted subdivision it is reasonable for the affected homeowners to keep the perimeter fence location in the location originally placed.
ii. The unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located;
• Staff: The lack of a 30 foot landscape buffer exists only on those lots adjacent to Erie Parkway.
• Staff: There perimeter fence is only located along lots that back onto Erie Parkway and 119th Street.
iii. Such physical circumstance or conditions were not created by the applicant;
• Staff: The lack of a 30 foot landscape buffer adjacent to Erie Parkway was not created by the applicant.
• Staff: The existing 6 foot solid material fence with 6 ½ foot brick columns was not created by the applicant. The original developer installed the perimeter fence in compliance with the fence standards that were in place at time of construction.
iv. Because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provision of this Code;
• Staff: Due to the unusual physical circumstances that the property was originally platted without a 30-foot landscape buffer adjacent to Erie Parkway; and, without the appropriate planting pockets along the perimeter fence to meet the 150 foot plane requirements, it has created a particular hardship in conforming with the current Code requirements while maintaining a reasonable level of privacy for the affected properties adjacent to the proposed fence. To construct a fence in compliance with the Code would require the replatting and reconfiguration of the affected lots, which in staffs’ opinion is not reasonable.
v. The Variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property; and,
• Staff: The requested Variance will not substantially alter the character of the neighborhood since the applicant has requested replacement of the wooden portion of the perimeter fence with the same material, size, and style of the existing fence.
vi. The Variance, if granted, is the minimum Variance that will afford relief and is the least modification possible of the provisions of this Code which are in question.
• Staff: The Variance request for replacement of the wooden portion of the existing perimeter fence is the minimum Variance that can be granted while maintaining current privacy levels.
Public Notice:
Published Notice: June 28, 2017
Posted/Mailed Notice: June 30, 2017
ATTACHMENTS: