City of Maitland
FL

Decision Item

Ordinance - Modification of Chapter 21 of the Code (Nonconforming Fences & Walls)

Information

Department:Community DevelopmentSponsors:
Category:Public Hearing

Attachments

  1. Ordinance - Chapter 21-5. Nonconforming and Fences (This file has not yet been converted to a viewable format)

Financial Impact

N/A

Meeting History

Aug 28, 2017 6:30 PM Media City Council Regular Meeting
draft Draft

The City Clerk read by title, an ordinance of the City of Maitland, Florida, amending the Code of Ordinances, Chapter 21-5., Supplemental District Regulations, (I)(d) nonconforming structures and (III)(a) fences, walls and hedges to allow pre-existing fences in areas annexed by the City to be repaired or replaced subject to conditions; providing for conflicts; providing for severability; providing an effective date.

Mr. Dan Matthys, Community Development Director, stated the proposed ordinance modifies Section 21-5(I)(d) - Nonconforming structures to provide relief to property owners, desiring to repair or replace pre-existing, deteriorating fences, in areas annexed by the City. Staff is recommending an ordinance change to eliminate the burden of property owners seeking variances for the repair or replacement of such. On August 17, 2017, the Development Review Committee (DRC) met and the Planning and Zoning Commission (P&Z) held a public hearing. DRC recommended approval of the ordinance while the P&Z voted to forward the proposed ordinance to City Council with a recommendation of denial.

Councilman Lowndes spoke and provided sketches (attached hereto and made part hereof) illustrating an example of someone, in Dommerich Hills, wishing to put a pool in their yard and the impact of removing and replacing the fence under the existing ordinance. Mr. Matthys, the City Attorney, and the City Manager answered questions posed by Council.

Mayor McDonald requested public comments. Mrs. Kate Howell, Dommerich Estates, spoke in favor of the ordinance. There being no one else who wished to be heard, Mayor McDonald closed the public comment period.

After discussion, a motion was made to introduce on first reading an ordinance modifying Section 21-5 of the Maitland City Code regarding nonconforming structures as related to fences and walls; and, set the Public Hearing date as September 11, 2017.

RESULT:INTRODUCED [UNANIMOUS]Next: 9/11/2017 6:30 PM
MOVER:Bev Reponen, Councilwoman
SECONDER:John P. Lowndes, Councilman
AYES:Dale McDonald, Joy M. Goff-Marcil, John P. Lowndes, Bev Reponen, Mike Thomas
Sep 25, 2017 6:30 PM Media City Council Regular Meeting
draft Draft

The City Clerk read, by title, an ordinance of the City of Maitland, Florida amending the Code of Ordinances, Chapter 21-5. Supplemental District Regulations, (I) (d) Nonconforming Structures and (III) (a) Fences Walls and Hedges to allow pre-existing fences in areas annexed by the City to be repaired or replaced subject to conditions; providing for conflicts; providing for severability; providing an effective date.

Mr. Dan Matthys, Community Development Director, provided a summary of the reasoning behind the modification of Section 21-5(I) (d) - Nonconforming Structures and Section 21-6(III)(a) - Fences and Walls and reviewed the changes and the actions to date. Staff is recommending that City Council adopt the ordinance as proposed.

Mayor McDonald opened the Public Hearing. There being no one who wished to be heard, Mayor McDonald closed the Public Hearing.

A motion was made to adopt Ordinance #1325 modify Section 21-5 of the Maitland City Code regarding nonconforming structures as related to fences and walls.

RESULT:ADOPTED [UNANIMOUS]
MOVER:John P. Lowndes, Councilman
SECONDER:Joy M. Goff-Marcil, Vice Mayor
AYES:Dale McDonald, Joy M. Goff-Marcil, John P. Lowndes, Bev Reponen, Mike Thomas

Discussion