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Home My Public Portal About20160114 Robin Hopper Appeal Denial Appeal of P&Z Decision—Findings of Fact McCall City Council—January 14,2016 Page 1 of 4 IN RE: ) ) McCALL CITY COUNCIL Robin Hopper ) FINDINGS OF FACT,CONCLUSIONS OF LAW,AND Appeal of McCall Area Planning) DECISION and Zoning Commission ) Decision ) FINDINGS OF FACT 1. Appellant, Robin Hopper is the owner of two adjacent lots of real property in Valley County, Idaho,addressed as 951 Conifer Lane and 954 Strawberry Lane and are more particularly described as:Tax No. 230 and Tax No.231, McCall Acreage, situate in NE4 SW4,Section 3,T. 18 N., R 3 E., B.M, City of McCall,Valley County, Idaho.This real property is described throughout this document as"real property",or"premises." 2. Situated on the real property is a single family residence on each parcel. 3. The real property is zoned R4—Low Density Residential and is located within the City of McCall municipal boundaries. 4. Appellant purchased chain link fencing and metal posts with the intent to construct a fence on the premises spanning the rear yard of both properties. 5. Appellant was orally informed by a neighbor that a building permit is required prior to construction of a fence. 6. City of McCall requires building permits for fences, pursuant to McCall City Code section 2.1.040 which states: It shall be unlawful for any person to do, or cause or permit to be done, after April 5, 1976,whether acting as principal, agent or employee,any construction, improvement, extension, alteration or demolition of any building, residence or structure,coming under the purview of this act,within the planning jurisdiction of the city of McCall without first procuring a permit authorizing such work to be done. 7. A fence is a "structure" per McCall City Code (MCC 3.2.2). 8. The McCall Building official orally informed Appellant on September 25,October 1 and October 10, 2015 that chain link fencing is not compliant or consistent with the McCall Design Guidelines and is not allowed. 9. Appellant was provided with descriptions of alternative compliant fencing materials that would allow use of the metal posts purchased by the Appellant prior to seeking a building permit. Appeal of P&Z Decision—Findings of Fact McCall City Council—January 14,2016 Page 2 of 4 10. Appellant was issued a letter of administrative determination on October 13, 2015 stating that use of chain link was not allowed. 11. McCall City Code section 3.8.10.D states the use of chain link fencing in any residential area will require approval of the administrator. 12. In response to a Public Records Request submitted by the Appellant on October 19, 2015,the City of McCall reviewed all building permits issued since the ordinance requiring administrative approval of chain link fences was adopted (2006), and determined that the City of McCall has not issued any permits for permanent chain link fences in residential areas to date. 13. McCall Design Guidelines Section 5.3 Guideline#29 Fences and Walls reads as follows: The design of fences and walls should harmonize with the site and the buildings on it in scale as well as in materials. Walls and fencing may be required elements in a site design for privacy, property line delineations,or screening. Low walls for seating are also encouraged as an amenity in pedestrian areas;these should be capped with a surface at least 12 - 16 inches wide. Low walls with seating, detailing, and landscaping are especially appropriate as an edge to off-street parking areas. The placement of walls and fences should respect existing land forms and follow existing contours and fit into existing land massing rather than arbitrarily following site boundary lines. Fencing should not dominate the buildings of the landscape. Planting may often be integrated with fencing scheme in order to soften the visual impact. The tops of fences should generally be maintained horizontal. If the ground slopes the fence should be stepped. Fences intended to provide private areas should be kept close to building so as not to adversely impact common open area. Fencing which is away from buildings should be of a more open character than fences intended to provide privacy close to houses. Fencing materials should be compatible with the materials and color of the surrounding or the prevailing building materials and color in adjacent developments. The use of natural materials is preferred, as opposed to chain link or plastic or other synthetic materials. 14. Erection of a fence out of chain link materials is not consistent with the McCall Design Guidelines because the materials are not compatible with the materials and color of the surrounding or the prevailing building materials and color in adjacent developments; and, is not made of natural materials. 15. On October 19, 2015,Appellant submitted a Notice of Appeal of the Administrative Decision issued October 13, 2015. 16. Pursuant to McCall City Code section 3.15.09, on December 1, 2015,the McCall Area Planning and Zoning Commission held a properly noticed public hearing and unanimously denied the appeal of administrative decision. 17. On December 2, 2015,Appellant submitted a Notice of Appeal of the December 1, 2015, McCall Area Planning and Zoning Commission decision. Appeal of P&Z Decision—Findings of Fact McCall City Council—January 14,2016 Page 3 of 4 CONCLUSIONS OF LAW 1. Appellant timely appealed the staff administrative determination by appealing to the McCall Area Planning and Zoning Commission. 2. Adequate notice of the December 1,2015 and January 14, 2016 public hearings was provided, pursuant to Section 67-6512, Idaho Code and Title 3, Chapter 15 of McCall City Code. 3. McCall City Code section 3.8.10.D requires City of McCall administrative approval for the construction of fencing utilizing chain link. 4. Staff correctly determined that the proposed chain link fencing does not meet the intent of the McCall Design Guidelines Section 5.3 Guideline#29. 5. Staff correctly withheld administrative approval of construction of chain link fence, pursuant to McCall City Code section 3.8.10.D. 6. The McCall Area Planning and Zoning Commission correctly upheld staffs Administrative Determination by denying the appeal heard December 1, 2015. DECISION AND ORDER NOW,THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW,the McCall City Council does hereby Order and this does Order: The appeal filed by Robin Hopper is denied. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKING ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code§67-8003, an owner of real property that is the subject of an administrative or regulatory action may request a regulatory taking analysis. Such request must be in writing,and must be filed with the City Clerk not more than twenty-eight(28)days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of McCall. Pursuant to Idaho Code§67-6521, an affected person i.e.,a person who has an interest in real property which may Appeal of P&Z Decision—Findings of Fact McCall City Council—January 14,2016 Page 4 of 4 be adversely affected by the issuance or denial of the application to which this decision is made, may within twenty-eight(28)days after the date of this Decision and Order,seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. Findings of Fact adopted this 14th day of January, 2016. kite J.Ay n, M or Attest: 1!&i'iiiiy BessieJo Wagn:', City Clerk