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HomeMy WebLinkAbout2003 01 27 Informational C Code Violation in the Greenbriar Development (' . 7'\""t.. COMMISSION AGENDA ITEM C 1/27/03 Meeting CONSENT INFORMATIONAL X PUBLIC HEARING REGULAR MGR. V IDEPT ~ Authorization REQUEST: The Community Development Department is advising the City Commission of a Code Violation regarding the setback for an existing barrier fence in the Greenbriar development. PURPOSE: This agenda item is responding to Commissioner Martinez' request to investigate a possible Code Violation in the Greenbriar development. YICUIT' M'P _Of 10lWI .,' FINDINGS: Barrier Fencing was installed to separate Phase I and Phase II of the Greenbriar development. It consists of a 6' high wooden privacy fence. The fence is perpendicular to Old White Way and separates the properties along Birkdale and Glen Arbor Circle. The Phase II property at 967 Glen Arbor Circle faces Glen Arbor Circle. The Phase I property at 1001 Birkdale along with the adjacent properties along the north side of Birkdale (including 1103, 1107, and 1109) are addressed on Birkdale, but all have their front doors facing east toward Old White Way. Both the Birkdale and Glen Arbor Circle properties are setback the same .""ii> January 27, 2002 Information Item A Page 2 distance from Old White Way. Old White Way does not have curb and gutter nor sidewalks. Rather, it has a rolled curb~ The fence currently extends to 106.5" Gust under 9') of the rolled curbing. Directly in line with the fence is a street light which is 6' from the rolled curbing. Myrtle Oak hedging extends along the fencing all the way to the street and has been pruned to prevent interference with traffic. Further inspection ofthe Barrier Fencing reveals that an eighteen (18) foot extension had been added (although not recently): the fencing material is slightly wider on the addition, the south side is unpainted, and the extension follows the grade as it slopes down to the street. It is not known when the fencing was installed or by which property. Applicable Codes and Public Policy: Greenbriar Phase Two Project Building Setback criteria: Side Street Setback- 10' minimum Front Street Setback- 20' minimum Winter Springs Code, Section 6-190: indicates that fencing located III front of the front building line can be no more than 4' in height. Conclusion: The fencing as it currently exists is in violation of the City and Greenbriar Development Codes. It has not yet been determined where the property line exists in relation to the rolled curb; However, it would appear that the original fencing (without the extension) met the setback requirements for a Front Street Setback. Code Enforcement has been notified. FUNDING: None required RECOMMENDATION: Request the Commission's direction related to Code Enforcement. ATTACHMENTS: None. COMMISSION ACTION: