CC Minutes 10/13/2008 - Laserfiche WebLink

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CASSELBERRY CITY COMMISSION Minutes of October 13, 2008 - Regular Meeting Page 13 of 17 PROHIBITED USES; AMENDING ARTICLE VII, SECTION 2-7.10, FENCES AND WALLS, TO CLARIFY THE LOCATION OF A SIX FOOT HIGH FENCE; AMENDING ARTICLE X, SECTION 3-1 0.9, PARKING IN RESIDENTIAL DISTRICTS TO CLARIFY PARKING OF VEHICLES WITH RACKS AND ATTACHMENTS; PROVIDING FOR SEVERABILITY, CODIFICATION, CONFLICTS, AND EFFECTIVE DATE." Notice of Public Hearing The Notice of Public Hearing relative to Ordinance 08-1251 was published in the Orlando Sentinel on October 2, 2008. Staff Presentation: Ms. Sandra Smith, Chief Planner, stated Ordinance 08-1251 provides clarification to portions of the adopted City Code, Part III, Unified Land Development Regulations (ULDR), regarding prohibiting uses within Section 2-5.3, Land Use by District, clarifies the locations for six foot high fences and clarifies the location for parking vehicles with attachments and accessories in the residential districts. The proposed edits are: I. Section 2-5.3, Land Use by District to add prohibited uses provided within the Comprehensive Plan that are not in the ULDR. Placing this additional language within the ULDR makes the information more readily available to staff and potential business owners. 2. Section 2-7.10, Fences and WalIs. This section was edited to clarify that a six foot fence or wall is not to be erected in front of a residential structure. It also re-organizes the text to provide a differentiation between wall requirements and fence requirements in general. Additionally, updated building material types (vinyl, aluminum) were included as approved material types. Staff is requesting the City Commission to amend a portion ofthis section ofthe ordinance that was approved by the Planning and Zoning Commission. Staff currently requires a building permit for the replacement of a fence panel (erecting a fence) but does not require a building permit for replacement of individual slats (minor repair). The P&Z recommended language could require a building permit to be obtained for simply replacing a slat on a fence. To not discourage property owners from minor maintenance to a broken fence or wall, staff is asking the City Commission to provide code language that requires a building permit for major repair. Major repair wilI be determined by the Administrative Official. The suggested amended text is as follows: A. Building permit required. No fence or wall shall be erected, replaced, or receive major repair until a permit for same has been issued. The Administrative Official shalI determine the types of fence or walI repair that are major and require a building permit. 3. Section 3-10.9, Parking in residential districts. The intent ofthe parking requirements was to eliminate parking of vehicles with accessories and attachments from the driveways in neighborhoods. Based on Code Enforcement action, the manner in which the Code is written requires a vehicle to first meet the definition for a large vehicle (length, height, copy area) before it can be reviewed for attachments and accessories. A phrase has been eliminated from the current code to remove the large vehicle requirement.