Mayor and City Council. From: Mike Morton, City Planner. Subject: Hart Fence Variance Application

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6505 Rico Road Chattahoochee Hills Georgia 30268 MAYOR Tom Reed To: Mayor and City Council CITY COUNCIL James Stephens Richard Schmidt Claire Williams Faye Godwin Don Hayes From: Mike Morton, City

1 6505 Rico Road Chattahoochee Hills Georgia MAYOR Tom Reed To: Mayor and City Council CITY COUNCIL James Stephens Richard Schmidt Claire Williams Faye Godwin Don Hayes From: Mike Morton, City Planner Subject: Hart Fence Variance Application Date: July 11, 2017 CITY MANAGER Robert T. Rokovitz (770) Fax (770) Variance Request Kirk and Tara Hart owners of the property located at Cedar Grove Road, have filed an application for a variance to Zoning Ordinance Section to allow a stone-and-wrought-iron style fence and to allow a fence height greater than four feet in the first layer. Property Description The applicants own acres on the east side of Cedar Grove Road, about 350 feet north of the intersection with Steed Road. It is zoned RL Rural and has almost 700 feet of frontage along Cedar Grove Road. The lot is mostly wooded, including a strip along the frontage. The applicant began building a fence along the front of the property, but somewhat away from the road itself and in the trees. Someone in the community alerted the city to the fact that a fence was under construction and the city made contact with the owners, who promptly came in to discuss the project. (It should be noted that the owners have sought and received four previous building permits for their house, pool, garage, and retaining wall. There is no reason to believe that their lack of fence permit was intentional. The need for fence permits is not well known in the city.) After a discussion of the city s fence regulations and the need for variance, the applicants applied for a permit to complete the stone work they had underway. Staff made it very clear that if the variance was not approved, their only option to complete the fence would be to adapt one of the fence types allowed in the zoning ordinance.

2 2 The zoning ordinance does not allow fences of the materials and design planned by the applicant, nor of the height planned by the applicant. Relevant excerpts of the zoning code are below. Along with their application materials, the applicant has submitted photographs of similar fences in the area. Staff prepared a map of the locations of these fences (with the exception of one that could not be located). The applicant also submitted signatures of neighbors who support the project. These materials are included in the attachments Code Excerpts: FENCES AND WALLS A. General. 3. Heights of fences, walls, hedges, and other continuous foliage shall be measured from the adjacent top of the Thoroughfare Curb, surface of an Alley, or the official established Grade thereof, whichever is higher. Along interior Lot Lines, the measurement shall be from the average Grade of the Lot Line of the Parcel on which the fence is located. B. Materials and design. TABLE FENCES & WALLS Non-Rural Rural Areas FENCE & WALL MATERIALS & DESIGN Areas Barbed Wire on metal or wooden posts P X Hog Wire, Crossbuck and Horse Wire on Metal Posts P X Hog Wire, Crossbuck and Horse Wire on Wooden Posts P P Chain Link Fence (Brown or Dark Green) L L Chain Link Fence (Silver, Brown, or Dark Green) R R 3 or 4 Rail wood or Split Timber, Wood P X Picket Fence (See Chattahoochee Hills Fence Design Guidelines) P P Wood vehicle gate P P Metal vehicle gate, metal horse gate P L Vertical slat wood privacy fence on wooden posts L L Walls P P P P = PermitteP = Permitted (allowed) X = not permitted L = Permitted (allowed) only in second or third Layers (Table 3.3.1) R = Permitted (allowed) only for public Recreational Uses

3 3 Variance Criteria Section B.3 of the City of Chattahoochee Hills Zoning Ordinance states that: Additional Code: Section H of the zoning ordinance defines hardship as The existence of extraordinary and exceptional conditions pertaining to the size, shape, or topography of a particular Property, because of which the Property cannot be developed in strict conformity with the provisions of the Zoning Ordinance.. Analysis The applicant seeks to construct a fence that varies from what is allowed in both (1) materials, and (2) height. These will be analyzed separately. Materials:

4 4 Height: Discussion The applicant seeks to erect a fence that does not conform to the Materials and Design requirements in the zoning ordinance. They have presented exhibits showing numerous examples of similar fences in the area, all of which were constricted before the current zoning ordinance went into effect. They have also presented signatures of neighbors who support their fence plans. The proposed fence is not unattractive and its location nestled in the trees would be relatively unobtrusive. However, the standard in the zoning

5 5 ordinance for approval of a variance is strictly defined. Since there is nothing extraordinary or exceptional about the property that would prevent the property from being developed according to the Materials and Design requirements, the application does not meet a strict interpretation of the variance criteria in the zoning ordinance. The applicant also seeks a fence taller than the zoning ordinance allows. Since the subject property rises significantly above the top of the adjacent thoroughfare, the property cannot be developed in strict conformity with the provisions of the Zoning Ordinance. The applicants meet all five criteria for a variance on the height of their fence. However, the proposed fence is still more than four feet tall when measured directly from the bottom of the fence. Staff Recommendations It is the opinion of staff that the application does not meet the standards for approval of a variance to the fence materials and therefore staff must recommend denial. It is the opinion of staff that the application does meet the standards for approval of a variance to the fence height. Staff recommends approval of the variance to the fence height with the following condition: The fence comply with the height requirement when measured from the natural grade at the base of the fence. Planning Commission Action The Planning Commission held a public hearing on the application at their meeting on May 23 rd. They voted by a three to two margin to recommend approval of the variances to allow the applicants to build their fence as proposed. The draft minutes of the Planning Commission meeting are attached. Subsequent Planning Commission discussions have been leaning toward a recommendation to loosen the current fence regulations. City Council Action A public hearing was held on June 6 th. The only speaker was the applicant. Here are her comments from the draft minutes: 1. Tara Hart, Cedar Grove Road (applicant) said that she did not initially know that a permit was required to build a fence. She has a petition in support of the fence variance signed by her neighbors. There are several houses with the same type of fence on her road. The fence will be partially screened by trees and shrubs. Attachments: Planning Commission draft minutes excerpt Variance Ordinance Application Materials

6 Planning Commission May 23 rd Meeting Minutes Excerpt Public Hearings 2. 17V-001 Hart Fence Variance Cedar Grove Road Mr. Simpson read the rules for the Public Hearing and then opened the Public Hearing. The following person spoke in favor of the item: 1. Tara Hart, Cedar Grove Road (applicant) said when the home was built three years ago, plans were to build a wrought iron fence. She was not aware the zoning ordinance had changed since then. She mentioned several other houses near her that have the same type of fence. There was no public comment in opposition to the item. City Planner Mike Morton presented the item. The application is for a variance to allow a stone and wrought iron style fence and to allow a fence height greater than four feet in the first layer. The applicant submitted photographs of several other houses in the area with the same type of fence and support from the neighbors. Mr. Morton said the variance to the fence material does not meet the variance criteria. However, the variance to the height requirement does meet the variance criteria. He recommends denial of the variance to the fence materials and approval of the variance to the fence height with the condition that the fence comply with the height requirement when measured from the natural grade of the base of the fence. Mr. Simpson closed the Public Hearing. Ms. Cailloux said the Zoning Ordinance may have flaws but it is what they have to work with. The guidelines for approving variances are universal. She said there is not a hardship to the applicant based on the five guidelines. Mr. Simpson said the intent of the Zoning Ordinance is to maintain the rural character. However, there are already several other houses in the area with similar fences. Mr. Reeves said fence height can be a problem because taller fences do not look rural. Mr. Merrill said the root of the ordinance came from the work on the first Comp Plan and the desire to be intentionally rural. Wrought iron fences have a suburban or urban feel. If an exception is made, a precedent is set that they are willing to allow things that are not rural and that is the first step on a slippery slope.

7 Mr. Prater said there are other houses with the same type of fence that were either annexed in to the city or were built before we became a city. He does not have a problem with it. Mr. Prater made a motion to recommend approval of the variance application to the City Council. Mr. Reeves seconded. The motion passed 3-2, Ms. Cailloux and Mr. Merrill against.

8 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 16-XX-XXX AN ORDINANCE FOR VARIANCES TO THE LIMITATIONS ON THE MATERIALS AND DESIGN OF FENCES AND THE LIMITATIONS ON THE HEIGHT OF FENCES IN THE FIRST LAYER IN THE RL (RURAL) DISTRICT WHEREAS, Kirk and Tara Hart are the owners of certain property within the City of Chattahoochee Hills, Georgia; and WHEREAS, Mr. and Ms. Hart have submitted an application for a variance to the permitted materials and heights of fences so that the Harts may construct a stone-and-wroughtiron style fence taller than four feet in the first layer; and WHEREAS, the City has conducted a public hearing before the City Council; and WHEREAS, notice has been published in the newspaper and a sign has been posted as required on the property containing the date, time, place and purpose of the public hearing; and WHEREAS, the Mayor and City Council have approved of the application for a primary variance. NOW, THEREFORE, THE COUNCIL OF THE CITY OF CHATTAHOOCHEE HILLS HEREBY ORDAINS that: Section 1: A variance for the following property described in the attached Exhibit A be issued so that a stone-and-wrought-iron fence taller than four feet in the first layer be permitted; Section 2: That the within variance shall become effective upon its adoption; and Section 3: All other variances, ordinances or parts of ordinances in conflict with this variance are hereby repealed to the extent of such conflict. ORDAINED this the X day of X, Approved: Attest: Tom Reed, Mayor Dana Wicher, City Clerk (Seal)

19 Photographs of fences similar to the proposed fence submitted by the applicant

CITY OF EASTPOINTE BUILDING DEPARTMENT APPLICATION FOR FENCE PERMIT

CITY OF EASTPOINTE BUILDING DEPARTMENT APPLICATION FOR FENCE PERMIT February 2016 23200 Gratiot, Eastpointe, MI 48021 - Building Department -- 586-445-3661 A FENCE PERMIT WILL NOT BE ISSUED UNLESS IT MEETS