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HomeMy WebLinkAboutBBA1989-08Nol,rernber 1-3, 1989 Page OLD BUSINESS The item of old business for the Building Board of Appeals to consider was SBA 89 -08, siLftitted by Sue Robbins whose case was tabled at the October 9, 1989, meeting, due to the applicant not being present and so staff could further research the interpretation of a fence and wall. Ms. Robbins is requesting a variance to Chapter 7, Article IV, Fences, Section 7 -127, front yard requirements for her property located at 104 Jenkins Street. Ms. Robbins spoke and explained that she is making improvearents to her Property and installed the 10 foot fence without knowing a permit was needed. Ms. Robbins did note that the property owner next door did not approve of the fence. Adrienne Leonard, Attorney with the City Attorney's office stated she and Greg had researched the differences between fences and walls. She explained that according to the Uniform Building Code, the structure in question does not fall under the category of a wall. The structure appears to be self supporting and is not attached to the main building and that the applicant described the structure as being a fence. Ms. Leonard explained that with all the definitions of a fence, the Board would have to make that decision as to whether the structure fell under the definition of a fence. With no one else to speak either for or against the request, Art Gordon made a motion to close the Public Hearing. Greg Czapanskiy seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Harper, Gordon, Czapanskiy Nays.- None Absent: Bailey Greg Wheeler explained that if a permit had been applied for, it would have been disapproved because of it being in the front yard and exceeding the height requirement. H. J. Harper and Art Gordon expressed that they feel the fence enhanced the property and does not see it as a sight hindrance. After further discussion, H. J. Harper made a motion to accept the variance as requested. Greg Czapanskiy seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Harper, Gordon, Czapanskiy Nays: None Absent: Bailey MINUTES