Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 20-062Ord.No:          19149

Agenda Title:

  1. 20-062 - 2R.  An ordinance amending the Unified Development Ordinance, Chapter 14, of the Independence City Code pertaining to Accessory Building and Residential Fence Setbacks.
Recommendations:

Commissioner Weir motioned and Commissioner Preston seconded the motion to recommend approval. The Independence Planning Commission voted as follows:

Commissioner Ashbaugh

 

-

Yes

Commissioner Preston

-

Yes

Commissioner Dreher

 

-

Yes

Commissioner Weir

-

Yes

Commissioner Ferguson

 

-

Yes

Commissioner Wiley

-

Absent

Commissioner McClain

 

 

- Yes

 

 

 

 

The motion was approved 6-0 and such application is forwarded to the City Council for its consideration. 

Executive Summary:

The City proposes Amendment #43 of the Unified Development Ordinance (UDO) relating to accessory building and residential fence setbacks.

Background:

From time to time, City staff receives public feedback requesting clarification of a zoning standard or that an amendment be made to the code to address a particular issue.  Taking these comments into consideration, staff then researches other city codes for comparison with our city’s UDO.  In certain cases, such as with this proposed amendment, other cities standards differ from the UDO, with our code being the more restrictive.  Based upon this research, it was decided that the accessory building and fencing setback standards should be modified.

 

The accessory building amendment primarily relates to corner residential lots, requiring accessory buildings (garages, carports, sheds) to only meet required setback along the side street, providing more flexibility in accessory building placement without sacrificing uniformity.

 

Three revisions to the residential fencing standards are also proposed.  First is an advisory provision was added stating that no private fence shall be installed on public property, including in a street right-of-way.

 

The second revises the residential fence standards for corner lots allowing fences to be along the side street property line beside and behind the house.  In the illustrations below, the left drawing shows the current standard for fencing on a corner lot with no fence taller than three feet allowed in the front or street side yard.  On the right, the proposed amendment would allow the entire rear and street side yard to be enclosed with a six foot fence (eight foot with a fence permit).  This was the standard in the previous, pre-July 1, 2009 zoning code.   

             

If there’s ever a code provision that can benefit from illustrations, it’s to show where, and to what height, fencing can be installed.  Four illustrations were created showing the various fence configurations for residential properties. They will be included in the UDO itself and with public information handouts.

 

 

Draft Planning Commission Meeting minutes:

"Case #20-175-02 – Code Amendment #43

Staff Presentation

Stuart Borders presented the case.  Mr. Borders stated the accessory building amendment primarily relates to corner residential lots, requiring accessory buildings (garages, carports, sheds) to only meet required setback along the side street, providing more flexibility in accessory building placement without sacrificing uniformity.  Mr. Borders outlined three proposed revisions to the residential fencing standards.  First is an advisory provision was added stating that no private fence shall be installed on public property, including in a street right-of-way.  The second revises the residential fence standards for corner lots allowing fences to be along the side street property line beside and behind the house.  The third revision would add drawings to the UDO, showing the setback lines.

 

In response to Vice Chairman McClain’s question, Mr. Borders stated a swimming pool would not be allowed in front of the residence.

 

In response to Commissioner Preston’s question, Mr. Borders stated a building permit is required if the fence is over 6 feet to ensure its installed safely.

 

Public Comments

            No public comments.

 

 

Motion

Commissioner Weir made a motion to approve Case #20-175-02 – Code Amendment #43.  Commissioner Preston seconded the motion.  The motion passed with six affirmative votes."

Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved
Finance DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Draft OrdinanceOrdinance
UDO ChangesBackup Material
IllustrationsBackup Material