05-23-1996 Regular Meeting - Laserfiche WebLink

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Page 5 of 8 , ~ : Zoning Board of Adjustment. Minutes of May 23, 1996 • Mr. Capen asked about Deed Restrictions. Mr. Cazdenas said the Deed Restrictions prohibit him from having a fence in the back yard or in this case, the street side of the property. Mr. Grant asked Mr. ~Cazdenas if the shrubbery on the lot line visible in the video was on his property. Mr. Cardenas stated the shrubbery was on adjacent property. Mr. Grant asked about the construction of the fence. Mr. Cardenas told the Boazd that he designed and constructed the fence himself and did not calculate its wind speed strength. Mr. Cazdenas offered to remove the fence once his daughter was old enough to swim, possibly by age 4 or 5. Mr. Zoller commented that he sees the only issue to be the definition of a lot line. Discussions regarding interpretation of Sections 10-501 and 10-502 followed. Chairman Bernay swore in Dorothea Cubberly. Ms. Cubberly's main concern was for the safety of the child. Chairman Bernay swore in Walter Cubberly, who resides at 205 Bay Colony Drive. Mr. Cubberly stated he had a chain link fence when his children were younger and they climbed right over it. In that aspect, . he believes a wooden fence would be more difficult for a child to climb. He agreed with his wife, whose main concern was for the safety of the child. Chairman Bernay swore in Barry Eiland, who resides at 110 Bay Colony. Mr. Eiland's main concern was for the view obstruction a chain link fence would create. The wooden fence is acceptable to him. Mr. Eiland was also concerned about the safety of the child. Chairman Bernay swore in Mazilyn Eiland, who resides at 110 Bay Colony. Ms. Eiland would like Mr. Cazdenas to be able to keep the fence. She does not feel it will have any impact on property value or enjoyment of the bay. B. OPPONENTS Chairman Bernay swore in Bill Strong, who resides at 2711 Crescent View. Mr. Strong feels that keeping an open bayfront is important in maintaining the integrity of the City. Mr. Grant asked Mr. Strong if he knew if any of the fences shown in the photographs Mr. Cazdenas presented were grandfathered. Mr. Strong believes that some of the cross fences were probably constructed prior to passage of the Ordinance. He also recommended that side fences not be allowed.