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HomeMy WebLinkAboutS-0259-A Staff AnalysisJanuary 24, 1989 Item No. 12 - Other Matters NAME: LOCATION: REQUEST: HISTORY: An eight (8) foot made a requirement of this plat. As was instructed to of all of the lots had sold at least Bill of Assurance of the lots. West Markham Land Addition by Brad Walker West Markham Street at Rock Creek on the south side. Planning Commission review and approval of the in -place fence in lieu of a requirement to extend the full length of the rear property line. fence along the bank of Rock Creek was of the approval of the Auto Mall on Lot 1 an dd-on to that requirement, Mr. Walker pla a the fence on the south property line we t to Rock Creek bridge. Mr. Walker one lot which he did not control. The cal s for the fence to be installed on all Mr. Walker has installed the fence on all of the property line except behind the westernmost lot occupied by Andy Restaurant offices. This building has a solid brick wall on the south side only four feet from the property line and the edge of the creek. The owner has installed landscaping within this four feet and desires to retain the area as an open landscaped strip. The Andy's owner desires to leave the fence off, both in this area and along the property line to the west of the building where the line turns north to the bridge. This issue developed when Mr. George Bowman, the resident at 11700 Ashwood Drive called the Public Works Department to insist that the fence be completed. Mr. Bowman is and was technically correct as to the requirement for installation of the fence. The applicant and Andy's Restaurant desire to change this requirement so as to keep the open landscaped area as now installed. ADDENDUM: Mr. Brad Walker filed a written request on December 14, 1988 asking that the issue be deferred to the January 24, 1989 agenda. This matter will require a motion by the Commission to defer inasmuch as there are objectors. January 24, 1989 Item No. 12 (Continued) __._.. STAFF RECOMMENDATION: The Planning Staff offered a recommendation which suggested that the fence requirement could be modified to meet the intent of the Planning Commission, City Board and to serve the neighborhood interests. The current building and parking lot placement offer an opportunity to delete the eight foot fence behind the Andy's office building. This building presents an attractive south elevation facing the residential neighborhood that can serve as a screen. Therefore, we suggest that the fence be installed along the creek bank from the west corner of the building to the northwesterly point of the parking and use area. This would be in the general vicinity of the bridge abutment. PLANNING COMMISSION ACTION: (January 24, 1989) There were objectors in attendance being Mr. George Bowman and Mrs. Agness Beale. Mr. Brad Walker was present. Also, present was Mr. Garland Street representing the Andy's properties. The Staff offered its recommendation. Mr. Walker then presented comments and a history on this property. The history included such issues as the development of the large drainage ditch, the filling of certain portions for the creation of these building sites and the legal action which resulted in some of the design criteria and development conditions that exist. Mr. Walker and Mr. Street then offered comments and rebuttal to Staff and neighborhood position relative to the real need for an eight foot board fence along this property line. Mr. Street indicated that he had spent considerable funds developing a retaining wall and an attractive landscaped area both behind his building and westward along the creek bank. He felt that the erection of the fence would have a negative impact both on that landscaping and his use of his property. He further pointed out that the building has windows on the south side facing the creek and an eight foot fence three feet from that wall would obstruct light and visibility. Mr. George Bowman, a neighbor lying to the southeast of this property, offered comments concerning what he felt were significant issues. These issues dealt with pedestrian access across the creek to West Markham and headlights shining into the residential area from the several parking January 24, 1989 Item No. 12 (Continued) stalls next to the Andy's office building. He further pointed out that the fence was an agreed upon element of the PUD approval for the West Markham Auto Mall and he did not feel like it was a negotiable item but was a commitment by Mr. Walker and his father. A lengthy discussion followed during which several motions were offered, the final motion and recommendation as follows: That the fence be deleted behind the building and that the eight foot board fence be erected along the property line adjacent to the parking spaces west of the building and be eliminated from the parking lot westward. Additionally, that gates be erected between the ends of the fence and the rear corners of the Andy's office building to control pedestrian access. This motion passed by a vote of 9 ayes, 2 nays, 0 absent.