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Planning Commission Lands of Perrell r 26300 Silent Hills Lane December 8,2005 Page 2 DISCUSSION The property owner proposes a six foot (6') tall, brown vinyl coated chain link fence along the property boundary adjacent to Silent Hills Lane. A 175 foot portion of the fence is proposed nearer than the required 45 feet (for a 6' open fence) from the centerline of the Silent Hills Lane right-of-way (Section 10-507(c)(5)). The owner cites, in a letter (attachment 2), that concerns for security and safety of his private property, family, and guests and protection from wild animals that may cause damage or harm to landscaping or pets as the reasons for the requested exception. The owner asserts that a six foot (6') tall fence will provide the desired level of security. The owner has prepared the required findings for approval (attachment#2) (26300 Silent Hills Lane). A vineyard has been installed on the property near the Silent Hills Lane frontage and if a conforming (6') fence were installed it would require removal of portions of the existing vineyard in this area. The plans indicate a portion of the 175 foot proposed fence to be located in the Public Utilities Easement. The Town cannot approve any fencing in a P.U.E. without written consent from the Utility Companies. If this proposal is approved, the conditions of approval (attachment# 1) address this issue. A neighboring property at 26410 Silent Hills Lane (Lands of Cleary) was issued a variance (per code at that time) in April, 2002 for a wall and fence to be located closer to the Silent Hills Lane centerline than the minimum required by code. The standards related to fences have been amended since that approval (July, 2004). The findings establish that a hardship exists because Silent Hills Lane dead ends in a fork at the Cleary and Perrell driveways. If the road dead-end was in a cul-de-sac shape, a variance would not have been required. With regard to the current request, there is nothing unusual about the fronting road design or configuration that results in a hardship. Findings for denial are attached to this report (attachment #3). Specifically, finding #1 requires that a proper balance, unity and harmonious appearance be created in relation to the site and in relation to the aesthetic or rural character of the surrounding neighborhood. The fencing provisions were revised through a series of study sessions and public hearings and were amended in July, 2004. Code Section 10-1.507(c)(5) establishes standards for aesthetics and rural character by requiring six foot (6') open fences to be located 45 feet from the centerline of rights-of-way. The same level of security the applicant requests could be achieved via removal of portions of the vineyard and installation of a conforming fence.