HomeMy WebLinkAboutR-2000-156 interpretation regarding setbacks for fencesRESOLUTION NO. R-2000- 156
A RESOLUTION denying Dan and Cathy Floyd's appeal of the Hearing Examiner's
August 17, 2000, Interpretation of certain provisions of the Yakima
Municipal Code pertaining to designation of front, rear, and side
lot lines, and of certain provisions of the Yakima Municipal Code
pertaining to fence height and setback requirements.
WHEREAS, on August 31, 2000, Dan and Cathy Floyd appealed the Hearing
Examiner's Interpretation (Examiner No. IU00-15-15, UAZO CL(3) #7-00, Interpretation
#1-00) dated August 17, 2000, of certain provisions of the Yakima Municipal Code
pertaining to designation of front, rear, and side lot lines, and of certain provisions of
the Yakima Municipal Code pertaining to fence height and setback requirements; and
WHEREAS, on November 21, 2000, this appeal was considered by the City Council at a
duly convened, closed -record hearing; and
WHEREAS, after considering the record established during the Interpretation
proceedings conducted by the Hearing Examiner, the arguments of the appellant,
interested parties and the public, the City Council decided by motion to affirm the
Hearing Examiner's August 17, 2000, Interpretation of certain provisions of the Yakima
Municipal Code pertaining to designation of front, rear, and side lot lines, and of certain
provisions of the Yakima Municipal Code pertaining to fence height and setback
requirements; now, therefore:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Dan and Cathy Floyd's appeal of the Hearing Examiner's August 17, 2000,
Interpretation (Examiner No. IU00-15-15, UAZO CL(3) #7-00, Interpretation #1-00) of
certain provisions of the Yakima Municipal Code pertaining to designation of front,
rear, and side lot lines, and of certain provisions of the Yakima Municipal Code
pertaining to fence height and setback requirements is denied as, of November 21, 2000.
ADOPTED BY THE CITY COUNCIL this 5th day of December, 2000.
ATTEST:
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Karen S. Roberts, City Clerk
C:\Karen's Files \ RESOLUTIONS \ PETERSON \Denying Floyd appeal.doc
Mary Place, Mayor
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. * i�
FOR MEETING OF: December 5„ 2000
ITEM TITLE: Resolution denying the appeal filed by Dan & Cathy Floyd of the Hearing
Examiner's interpretation decision regarding the Urban Area Zoning Ordinance
provisions for set back requirements for fences on corner lots.
SUBMITTED BY:VWifliam Cook, Director of Community & Economic Development
CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575-6163
SUMMARY EXPLANATION:
A "Closed Record" Hearing was conducted by the City Council on November 21, 200 to
consider the appeal filed by Dan & Cathy Floyd, on the Hearing Examiner's
interpretation decision. The Hearing Examiner's decision was on an interpretation
request submitted by Mr. Dan Floyd. Mr. Floyd requested the Hearing Examiner to
interpret the Urban Area Zoning Ordinance provisions for setback requirements for
fences on corner Tots. The reason for the interpretation concerns a fence constructed
by Mr. And Mrs. Shawn Belton at 2801 West Chestnut Avenue. On August 17, 2000
the Hearing Examiner rendered his decision on the interpretation.
The Council voted unanimously to deny the appeal and uphold the Hearing Examiner's
decision affirming that the building official can rely upon the definition of front lot lines
as to corner lots, and although he may consider the orientation of the structure, is not
required to consider the location of the front entry nor the street address in making a
determination as to what constitutes the front lot line.
Resolution X Ordinance_ Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt resolution.
BOARD RECOMMENDATION: Hearing Examiner affirmed the building officials
decision regarding the definition of front lot lines on corner lots. An administrative
adjustment of the setback for the existing fence at 2801 W. Chestnut Avenue was
granted.
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2000-156