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HomeMy WebLinkAboutAGENDA REPORT 1997 0416 CC SPC ITEM 03AITE • A AGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council FROM: Nelson Miller, Director of Community men Develo `l- P DATE: April 14, 1997 (For the Special City Council Meeting of April 15, 1997) SUBJECT: Consider Citizen Request (Stanley) for Approval of Construction of a Heightened Wall on Eastern Perimeter of Residential Property Located at 13192 E. Annette Street Attached is a letter from Don R. Stanley, Jr. requesting consideration from the City Council regarding construction of a block wall along the east side of his property, located along Peach Hill Road. He is requesting approval to build a wall between 8 and 8 %2 feet tall immediately adjacent to the street right -of -way. He is proposing a five foot retaining wall with a maximum 3 % foot wall on top of the retaining wall. This would allow him to expand his rear yard an additional 700 square feet. Staff has previously reviewed this request with Mr. Stanley and determined that a variance would appear to be required for approval of this wall under the current code. Section 17.24.090A(1) (copy attached) indicates that no fences over three feet in height may be place in a required setback adjacent to a street. Section A(4) indicates that the height shall be measured from the higher side of a wall, except in a required setback adjacent to a street, where height shall be measured on the street side of the fence. The required setback on the street side of Mr. Stanley's lot is ten feet. Mr. Stanley's present lot has a wall set back ten feet from the property line. On the east side of Peach Hill Road, opposite Mr. Stanley's property are several lots with six foot wooden fences on top of retaining walls with a total height ranging from 8 % feet to 10 %2 feet. This tract was approved in 1973 by the County. If City Council feels that an 8 to 8 Moot partial retaining wall would be acceptable adjacent to the sidewalk in this location, they could direct staff to approve such a wall and direct staff to initiate a Code Amendment to change the Code to allow walls adjacent to the street along side lot lines of residential properties. Direct staff as deemed appropriate. Attachments: Letter dated April 14, 1997 Section 17.24.090 CITY OF MOORPARK, CALIFORNIA City C ncil Meetir� 1-7 C/ BY: jL C:\OFFICE\WPWrMWPDOCS\CCRPTS\STANWALL.WPD Don R. Stanley Jr., D.C. 13192 E. Annette St. Moorpark, CA 93021 April 14, 1997 City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 Dear Mayor Hunter and City Council Members: This letter is to request that you consider allowing block walls adjacent to streets, to exceed the height of six foot when retaining walls are necessary. I would like to build a wall that will allow me to fully utilize my property without sacrificing safety or privacy. This wall would be built on the east side of my property facing Peach Hill Road. At the present time there is a block wall which stands five foot two inches tall at the top of a five foot nine inch tall slope. I plan to remove the existing wall and build the new wall at the bottom of the slope (east property line) increasing the back yard by approximately 700 sq. ft. The new wall will need to retain no more than five foot of earth. In addition to the five foot retaining wall there would be a minimum of a three foot, and maximum of three and one half foot wall on top. The total height of the proposed wall would be between 8 and 8 1/2 feet. I think it relevant to note that there are many homes on Peach Hill Road that have walls which exceed eight foot with some as high as ten foot. Most of these walls are bare with no vegetation to speak of between the street and the walls. To lessen the impact of my proposed wall I have already received city approval to plant four tree's in the parkway in front of the wall. I would also like to ensure you that I take pride in my home, neighborhood and city and have no intentions of building a wall which would detract from any of them. I am available to answer any questions you may have, please feel free to call me at your earliest convenience, at home 529 -5594 or at the office 523 -7146. Sincerely, Don R. Stanley Jr., D.C. cc: Nelson Miller RECEIVED APR 151997 City of Moorpark Community Development Depzrtme f r of such antennas shall be in accordance with Section 17.28 - .020A. B. Roof Structures. Roof structures may be erected above the height limits prescribed in this title, provided that no additional floor space is thereby created. (Ord. 189 § 3 (8106 -7), 1994) 17.24.090 Miscellaneous regulations. A. Fences, Walls and Hedges. 1. No fences over three (3) feet high may be placed in a required sight triangle (see subsection D of this sec- tion), in a required setback adjacent to a street, or in ten (10) foot by ten (10) foot right triangle on each side of a driveway on a side property line. A maximum six (6) foot high fence may be located in other areas of a lot. Exceptions: a. A six (6) foot high see - through fence may be located anywhere on a lot of twenty thousand (20,000) square feet or more. b. A six (6) foot high fence may be placed in the street - side setback of a corner lot other than a reverse corner lot. c. A maximum eight (8) foot high fence may be located: i. On a vacant or developed lot zoned O-S, A -E or R -A, or on any vacant or developed lot in a commercial or industrial zone, anywhere except within a required sight triangle or setback adjacent to a street; or ii. On any vacant or developed lot zoned R -E, R -O, R -1, R -2 or R -P -D that abuts or is across the street from a lot in a commercial or industrial zone or a lot zoned O-S, A -E or R -A, provided that such fence is located at or near the boundary line separating such lots, but not in a required sight triangle or setback adjacent to a street. d. A maximum twelve (12) foot high see- through fence. may be located around a tennis court anywhere on a lot, except in a required setback adjacent to a street. 2. Except as otherwise provided herein, fences over six (6) feet in height require a zoning clearance; see also Section 17.20.040. 3. No barbed wire, razor -edge, or similar type of fencing is permitted in R -zones or commercial zones, or on properties in M -zones which abut or are across the street from R -zoned properties, if such fencing would be visible from the R -zoned property or properties. 4. If there is a difference in grade levels on the two (2) sides of a fence, the height shall be measured from the higher grade, provided that the distance from the lower grade to the top of the fence shall not exceed ten (10) feet, and further provided that in a required setback adjacent to a street, fence height shall be measured from adjacent grade on the street side of the fence. 325 17.24.080 5. The provisions of this section shall not apply to a fence required by any law or regulation of the state of California or any agency thereof. B. Accessory Parking and Storage of Large Vehicles. No residential, agricultural or open space zoned lot shall be used for the accessory parking or storage of vehicles which are designed to carry more than a three- quarter ton load and which are used for shipping or the delivery of freight and products, except those lots where delivery to storage or market of agricultural commodities is permitted under this title and is occurring on said lot. C. Connection of Structures. An accessory structure will be considered to be detached from the main structure unless: 1. The roof connecting the two (2) structures complies with all of the following: a. It is essentially a continuation of the roof of the main structure; b. It resembles the roof of the nearest enclosed, habit- able area of the main structure in terms of pitch, materials, etc.; and c. It is imperforate; or 2. The space between such structures is completely enclosed by walls attached to each structure. D. Sight Triangle. Where there are no controls (stop signs or signals) on either street at an intersection, a sight triangle (see definitions) must be provided on each corner adjacent to the intersection. No structures or landscaping over three (3) feet in height which could block the view of approaching traffic on either street shall be located or constructed within any required sight triangle. E. Sight Distance. Adequate sight distance shall be provided at intersections. In cases where the minimum setback requirements of Section 17.24.020 do not provide such sight distance, particularly where streets intersect at less than ninety (90) degrees and traffic is controlled (e.g., by stop signs) on only one (1) of the streets (the "minor street', setbacks for discretionary projects must be adjusted to provide adequate sight distance in accordance with the following table. The sight distance shall be measured from a point in the center of the minor street eight (8) feet behind the designated stopping point for vehicles on such street, or behind a continuation of the intersecting curb line, to the center of the nearest (curbside) driving lane on the intersecting ( "major") street. No structures or landscaping over three (3) feet in height which could block the view of approaching traffic on the major street shall be construct- ed or located on the street side of the line connecting the two (2) points. Curb cuts on discretionary projects should be considered minor streets for purposes of this section.