I. RECOMMENDATION:
Staff does not have a recommendation and is seeking Council direction related to the Code Enforcement action taken at the property located at northwest corner of Monroe and Monterey as this was a future agenda item requested by Councilman Adkisson.
II. BACKGROUND:
On January 10, 2019, the City of Coalinga issued a code violation for the installation of an illegal gate (archway) in the designated front yard at the property located at the northwest corner of Monterey and Monroe Street. This project is part of an approved site plan for a future single family residence and shop building where a temporary six (6) foot wood fence and gate was permitted across the future Monroe Street alignment in order to prevent unauthorized vehicles until the time when the future road is constructed and the fence would have to be taken down. This was never intended to be a permanent installation.
The setback is the perpendicular distance from the property line to the closest point of the exterior wall or posts of the building. The building envelope indicates the limits to which a building can be built on the property based on the required setbacks. The gate/archway was installed in the front yard setback.
The planning and zoning code does not permit gates/fences located in the front yard to exceed 3 feet in height if solid and 4 feet if it is an open design.
Sec. 9-4.203(a)(1). - Fences and freestanding walls.
Maximum height. (1) Front, side and rear yards. Fences, walls and hedges shall be no more than three (3) feet tall within the front yard setback, and between five (5) to six (6) feet tall within the side and rear yard setbacks in any Zoning District, unless otherwise prescribed by the Zoning regulations for specific circumstances. Fences in residential districts are permitted to be up to four (4) feet tall within the front yard setback if the face of the fence is an open design, as defined in Chapter 1, Article 2, Definitions, of this title.
In accordance with the planning and zoning code, the definition of a fence is an artificially-constructed barrier of any material or combination of materials erected to enclose or screen an area of land. An open fence is one that is composed of at least fifty (50) percent open spaces and no more than fifty (50) percent solid materials. This includes wrought iron style or tubular steel fences. Solid fences are those that obstruct the view of objects on either side and may be made of masonry, wood, or other materials.
In the instance of a decorative archway or entry gateway, Section 9-4.203(a)(4) states that........ one entry gateway, trellis, or other entry structure is permitted in the required front or street-facing side yard of each lot, provided that the maximum height or width of the structure does not exceed ten (10) feet. Such decorative feature shall not have any solid obstruction that exceeds two (2) feet in length or diameter, between the height of three (3) and ten (10) feet.
It was requested by Councilman Adkisson to bring this item before the City Council as a future agenda item to discuss the violation and its applicability to the development code and seek possible ways to allow the archway to remain without removal, if the law prescribes. Staff in consultation with the City Attorney reviewed the applicable codes and have provided an analysis of the code sections in the discussion section of this report.
III. DISCUSSION:
Location: Northwest Corner of Monterey and Monroe
Zoning Designation: Residential Estate (RE)
The planning and zoning code is explicit as it relates to fence heights in both the front, street side, interior side and rear yards. This standard is applied to all locations in the City. By definition the archway that was installed is part of the fence/gate and/or considered a decorative entry gateway and by regulation held to the max height and width standards as prescribed in the City's ordinances as all other areas in the City.
Staff, in conjunction with the City Attorney have reviewed the planning and zoning code as it relates to fences and free standing walls as identified above and there does not seem to be a legal remedy that would equitably allow the fence/gate to remain without unavoidable consequences in other areas of the City considering the changes that would have to be done to the code.
Typical remedies, at the City Council's disposal, used in these circumstances are either through the issuance of a variance or a zoning text amendment. According to the City Attorney both instances would result in a grant of special privilege or create unavoidable consequences related to fence design standards.
Zoning Text Amendment (Amend Language in the Planning and Zoning Code)
For example, in a text amendment the code would have to be amended to allow max fence heights to match that of the gate currently installed or amend section 9-4.203(a)(4) and expand the regulations on decorative features in the front yards. In this instance that would permit anyone in a residential district the right to install a fence or a decorative feature in their front yard the size of what was installed at Monroe and Monterey property which is estimated at 21 feet.
Variance
The purpose of a variance is intended to provide a mechanism for relief from the strict application of the planning and zoning code where strict application will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.
In the instance of variance there are (3) very strict findings that have to be made in order to grant a variance to the development code. When considering the findings of a variance in this case, meeting the legal standard without a grant of special privilege poses a challenge.
Sec. 9-6.703. - Required findings (variance).
(1) There are special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, whereby the strict application of this title will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district;
(2) Such special circumstances were not by the owner or applicants; and
(3) The variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.
This report is intended to provide the City Council the applicable code sections that apply to the violation that was sent to the property owners related to the installation of the decorative archway. Staff is seeking direction from the Council as to how they would like to proceed based on the information and options provided.
IV. ALTERNATIVES:
- Council may choose to take no action resulting in the removal of the archway.
V. FISCAL IMPACT:
None determined at this time. |