Laserfiche WebLink
<br />Page 2 of 3 <br />Zoning Board of Adjustment <br />Special Exception Request #SE92-005 <br /> <br />remove the fence. The letter also specified that failure to <br />remove the fence within the specified time would result in <br />prosecution in Municipal Court. It was at this point that the <br />property owner applied for the Special Exception. Further <br />action will not be taken until after the Board has rendered it's <br />decision. <br /> <br />As noted, the fencing on this property was erected without a <br />building permit. Once the Board has ruled on this matter, a <br />building permit must be obtained for any fencing to remain on <br />the property. Staff will ensure that fencing conforms to the <br />Board's decision and all of the applicable City Ordinances. <br /> <br />While the Zoning Ordinance does empower the Board to grant <br />Special Exceptions for certain types of non-conforming <br />structures, it does not allow exceptions for structures located on <br />public property. Further it does not provide for exceptions for <br />types of structures that are as expressly prohibited as this type <br />of fence. <br /> <br />Finally, Section 11-605 only allows Special Exceptions to be <br />granted when the Board finds that doing so "will not adversely <br />affect the value and use of adjacent or neighboring property or <br />be contrary to the best public interest". Clearly, a structure that <br />interferes with access to public property will "affect the value <br />and use of neighboring properties". <br /> <br />Conclusion: <br /> <br />Based on the facts of this case, this structure is not eligible for <br />the requested Special Exception. Granting the exception would <br />be contrary to the best public interest. Staff, therefore, <br />recommends denial of Special Exception SE92-005. <br />