Citation in context
October 15, 2018 — Meeting Minutes
Cited passage
APPROVAL OF MINUTES
The minutes of the regular meeting of June 04, 2018, June 18, 2018, and October 01, 2018 were presented for approval. WILLIAM LIEBERMANN (WL) - MOTION TO APPROVE
BRIAN MAGUIRE (BM) - MOTION SECONDED
MOTION UNANIMOUSLY APPROVED BY THE BOARD (MINUS RON REIM)
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OLD BUSINESS
1 TUSCANY PARK – ARCHITECTURAL REVIEW BOARD – ALTERATION/EXTERIOR RENOVATION
Director Susan M. Istenes summarizes the following staff report: “The applicant originally presented a request for a 6 foot tall wood privacy fence along the west and north property lines to the Architectural Review Board on September 17, 2018. The Architectural Review Board voted to continue the request to a future meeting date to allow the applicant time to revise the request and work with the subdivision trustees. The Architectural Review Board expressed a preference for stone to break up the wood fence and a preference for not installing a new fence alongside the existing wrought iron fence.
On September 19, 2018, the applicant submitted revised plans for the front yard fence, which consisted of removing the existing wrought iron fence and installing a stone-like privacy fence using the EcoStone by SimTek product. The revised submission did not include any review from subdivision trustees.
On September 25, 2018, the applicant submitted another revised plan. The subdivision trustees did not approve the previous stone-like wall and again requested that the existing wrought iron fence remain. The most recent plan includes repairing and repainting the existing wrought iron fence and installing a 6 foot tall cedar fence along the inside of the existing fence. The plans also include a 6 foot tall metal fence along the end of the driveway from the new fence to the side of the house. The recent plans are essentially the same as the original plan, except that the applicant has specified a premium pre-stained cedar fence and the original plans were for builder grade cedar fencing.
Staff recognizes that opinions of the Architectural Review Board and the subdivision trustees do not align with respect to the applicant’s request. Therefore, staff has allowed the request to be placed on a meeting agenda, despite the minimal change from the original plan. Staff has notified the applicant that subdivision trustee representation should be present at the meeting. The following staff report is the same as the previous report because the request is the same and staff’s review of the request remains the same.
The approximately 16,601 square foot site is located at the northwest corner of the Tuscany Park Subdivision along Big Bend Boulevard. The property has a zoning designation of R-2 Single Family Dwelling District. Construction of a new house is nearing completion on the subject property. The Plan Commission and Architectural Review Board approved the new house and site plan on March 6, 2017. In the approved plan, the existing wrought iron fence along Big Bend Boulevard was marked to remain and additional evergreen landscaping was proposed to provide screening. The owner has since revised the site plan and landscape plan to include a solid fence.
CITY PLAN COMMISSION/ARCHITECTURAL REVIEW BOARD COUNCIL CHAMBERS – CITY HALL REGULAR COUNCIL MEETING MONDAY, OCTOBER 15, 2018 1730 (05:30 PM)
CALL TO ORDER
The meeting was called to order by Chairman Steve Lichtenfeld at 1730 (05:30 PM).
ROLL CALL
Chairman Steve Lichtenfeld, City Manager Craig Owens, Aldermanic Representative Richard Lintz, William Liebermann, Brian Maguire, Carolyn Gaidis, answered roll call.
Absent: Ron Reim – arrived at 1745
William Liebermann – left 1811
ALSO IN ATTENDANCE
Kevin O’Keefe, City Attorney Susan M. Istenes, AICP, Planning Director Anna Krane, Planner
CHAIRMAN REQUESTS
Chairman Lichtenfeld asked that all cell phones be turned off and that conversations take place outside the meeting room.
APPROVAL OF MINUTES
The minutes of the regular meeting of June 04, 2018, June 18, 2018, and October 01, 2018 were presented for approval.
WILLIAM LIEBERMANN (WL) - MOTION TO APPROVE
BRIAN MAGUIRE (BM) - MOTION SECONDED
MOTION UNANIMOUSLY APPROVED BY THE BOARD (MINUS RON REIM)
In the approved plan, the existing wrought iron fence along Big Bend Boulevard was marked to remain and additional evergreen landscaping was proposed to provide screening. The owner has since revised the site plan and landscape plan to include a solid fence.
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The proposed project consists of the construction of a 6-foot high wood privacy fence along the western property line. The proposed fence will be just inside of the existing iron fence along Big Bend Boulevard. There is also a section of metal east-west fence proposed at the north end of the driveway.
Section 405.1900 of the Zoning Regulations requires that all fences located in the front yard in single-family zoning districts be approved by the Architectural Review Board prior to installation.
“Front yard masonry garden walls, planting boxes, retaining walls, plantings or ornamental or decorative fences may be erected as part of new construction, up to four (4) feet above the grade level in the front yard, provided such structure is an integral part of the architectural feature of the principal structure, is in compliance with sight distance standards and is approved by the Architectural Review Board.”
Historically, the Architectural Review Board has considered requests for front yard fences that are not in conformance with the zoning requirements. For instance, 6 foot tall ornamental or decorative fences (not solid wood, chain link or vinyl) have been approved on secondary front yards of corner lots when a sufficient landscape buffer is provided along the street and the fence style and location is consistent with neighborhood character.
The proposed design and materials of the fence are not consistent with the Architectural Review Board’s preference for ornamental or decorative fencing in front yards. The proposed front yard fence style and location is also not consistent with neighborhood character. The majority of frontages along Big Bend Boulevard feature a combination of stone knee walls, metal fences and dense vegetation. The proposed solid wood fence would also not leave room for any setback and landscape buffer along the sidewalk. Staff believes that restoring the existing wrought iron fence would be more consistent with the neighborhood character. The applicant could install landscaping inside of the fence for privacy, similar to the lot on the south side of Tuscany Park.
The Tuscany Park Architectural Control Committee has reviewed the proposed plans and provided conditional approval. The Committee has requested that the existing metal fence is restored and left in place, with the new fence installed east of the existing fence. They have also requested that the east-west portion of fence proposed at the end of the driveway is wrought iron, not wood, to be consistent with neighborhood materials. Staff has concerns about how the two fences installed next to each other will appear. Maintenance between fences can also be difficult and the homeowner will still be responsible for the vegetation around the metal fence.
STAFF RECOMMENDATION IS TO APPROVE WITH THE FOLLOWING CONDITIONS:
1) The existing wrought iron fence along Big Bend shall be restored or replaced with a similar material and design fence.
Maintenance between fences can also be difficult and the homeowner will still be responsible for the vegetation around the metal fence. STAFF RECOMMENDATION IS TO APPROVE WITH THE FOLLOWING CONDITIONS:
1) The existing wrought iron fence along Big Bend shall be restored or replaced with a similar material and design fence.
4 CHEN LUO (CL) – 1 TUSCANY PARK – OWNER
BRONCO MARUSIC (BM) – 2 TUSCANY PARK – ARCHITECTURAL CONTROL COMMITTEE - MEMBER
CL – Talks about reasons for needing the fence for the safety of her young children. A person walking along the sidewalk on Big Bend reached through her fence (wrought iron) and shook her hand which is very unsettling for her as a parent of young children. Anyone could walk by and easily engage with her child. There is a 24 Schnucks and Walgreens which are were people get their cigarettes and alcohol after 10pm because it’s the only place open. Safety is main concern and a solid 6’ fall wood fence would aid in that. Trash and headlighs at night are also an issue.
BM - Explains number 1 and 12 face Big Bend and that their wrought iron fences were put in a long time ago and that times and circumstances have changed. Understands need for privacy, especially for number 1 because of their young children. Agreed to wooded cedar fence and that there would not be an issue with maintaining between the fences as there is easy access from the wrought iron side. They would like to keep the wrought iron to keep the symmetry for the two entrances on Tuscany Park because the fence on number 12 is still there. Understands that things on Big Bend have changed since the wrought iron fences have been put in. Explains spraying the in-betweens will be very simple and easy to maintain.
William Liebermann (WL) – I think this is a fair compromise given the circumstances. To have the original fence maintained, enhanced in some way and to have a high quality wood material cedar or better.
Richard Lintz (RL) – Did you confirm that the homeowner owns the fence and the stone pillars. Who owns the wall in the common area?
BM – Yes. Yes. That is common property that is owned by the 12 residences of Tuscany Park
CHAIRMAN LICHTENFELD – WE HAVE A RECOMMENDATION FROM MR. LIEBERMANN ABOUT IT BEING A COMPROMISE, I DO THINK IT’S ALMOST AN UNFORTUNATE WAY THAT THE COUNTY HAS WIDENED THAT ROADWAY SO MUCH AND TAKEN DOWN TREES IN THE MEANTIME, BUT WE’LL HAVE TO DO SOMETHING. WE HAVE A STAFF RECOMMENDATION THAT THE EXISTING WROUGHT IRON FENCE ALONG BIG BEND SHALL BE RESTORED OR REPLACES WITH A SIMILAR MATERIAL AND DESIGN FENCE.
(WL) – I MAKE A MOTION TO APPROVE WITH STAFF RECOMMENDATIONS.
CRAIG OWENS (CO) – SECOND
SUSAN ISTENES – SO THAT WOULD NOT GIVE THEM WHAT THEY ARE ASKING.