PC Packet 07-19-2011 - Laserfiche WebLink

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SPECIAL USE PERMIT ANALYSIS In considering whether to recommend approval or denial of the requested Special Use Permit, the Commission must examine the requirements of Zoning code Section 4-540 (3) (F) and Section 8-130. These Zoning Code standards are examined below. The Commission, as with any specially permitted use, may impose conditions on the proposed special use in an effort to protect the public health, safety, and general welfare. Zoning Code Section 4-540 (3) (F) outlines three findings that must be met in order to consider recommending approval of a Special Use Permit. Those findings are (with staff responses in italics): 1. Are necessary to protect and buffer the premises for which such fences are intended or adjacent fences are intended for adjacent premises; and Staff finds this criterion to be met. The purpose of the fence is to protect the property from errant golf balls. The fence will benefit both the church by not sustaining further damage by errant balls and neighboring Brightwood Hills Golf Course by keeping balls in play. 2. Would not be deleterious to adjacent property nor to the general public health, safety, or welfare; and Staff finds this criterion to be met. The proposed fence will look very similar to other fences on the Brightwood Hills Golf Course property and very similar to the temporary style fence currently erected. To staff's knowledge, these fences have not had any negative impacts on the public. 3. Would be consistent with the intent and purpose of the fence regulations as stated in Section 4-540 (1) of the Zoning Code. Other than the proposed 12'height when 6' is normally allowed in a side or rear yard of a residentially zoned property, the fence will meet all other fence regulations. The fence will consist of galvanized chain-link, which is permitted. Staff also finds the proposed fence will meet the purpose statement in Section 4-540 (1) in that the fence will not impact orderly development and will allow a free flow of air and prohibit unreasonable restrictions of view while allowing each property owner an opportunity for property protections. Staff finds the criterion of Section 4-540 (3) (F)have been met. In addition to the findings of Section 4-540 (3) (F), the Commission must consider the general health, safety and welfare findings of Section 8-130. Those findings are outlined below (staff responses in italics): 1. That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. Stafffinds this criterion to be met. The fence is located in a manner that will not negatively impact public health, safety, morals, comfort or general welfare. In fact, the proposed fence will positively impact both Grace Point Church and Brightwood Hills Golf Course by keeping balls in play and not damaging vehicles parked in the church parking lot.